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Church  and  State  I 


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Early  Maryland 


GEORGE  PETRIE 


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LIB  RARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

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JAN   26  1893 

jt     AiTcessw/is  JVo.6AlH^<i.-      Shelf  No. 


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IV 


CHURCH  AND  STATE 


IN 


EARLY  MARYLAND 


JOHNS  HOPKINS  DNIVERSITY  STUDIES 


IN 


Historical  and  Political  Science 

HERBERT  B.  ADAMS,  Editor 


History  Is  past  Politics  aad  Politics  present  History.— ^re«wian 


TENTH  SERIES 
IV 


CHUECH  AND  STATE 

IN 

EARLY  MARYLAND. 


By  GEORGE  PETRIE,  Ph.D. 

Profenmr  of  History,  Alabama  Polytechnic  Institute. 


^A  0?  thr"^^ 

'uhiversitt: 


baltimore 
The  Johns  Ho-pkins  Press 

PUBLISHED  MONTHLY 
April,    18  9  3 


SO  \  14-0 


COPTBIGHT,  1892,  BY  THE  JOHNS  HOPKIXS  PKBSB. 


THE  FRIEDENWALD  CO.,  PRIKTEES, 
BALTIMORE. 


CHURCH  AND  STATE  IN  EARLY  MARYUND. 


The  purpose  of  this  monograph  is  to  trace  the  relation  of 
State  to  Church  in  Maryland  from  the  foundation  of  the 
colony  in  1634  down  to  the  establishment  of  the  Church  of 
England  in  1692.  The  subject  will  be  treated  under  the 
following  heads : 

1.  The  Provisions  of  the  Charter  with  regard  to  Religion. 

2.  The  Period  from  the  Founding  of  the  Colony  to  the 
Act  of  Toleration  in  1649.  Here  the  object  will  be  to  trace 
the  development  of  religious  freedom. 

3.  The  Period  from  the  Act  of  Toleration  in  1649  to  the 
Protestant  Revolution  of  1689.  During  this  period  the 
object  will  be  to  trace  the  history  of  the  religious  toleration 
already  established. 

4.  The  Protestant  Revolution  and  the  Establishment  of  the 
Church  of  England  in  1692. 

The  subject  will  be  examined  under  these  four  heads  in 
the  order  in  which  they  are  given  above.  At  the  end  of 
each  will  be  stated  our  conclusions  on  that  division.  A  brief 
summary  at  the  close  of  the  paper  will  give  the  conclusions 
that  we  believe  may  be  drawn  from  the  whole  inquiry. 

I. — ^THE   PROVISIONS   OF   THE   CHARTER   WITH    REGARD   TO 

RELIGION. 

The  following  extracts  give  the  parts  that  bear  directly  on 
the  question : 

(a)  "  Whereas  our  well  beloved  and  right  trusty  subject 
Cecelius  Calvert^  Baron  of  Baltimore,  in  our  kingdom  of  Ire- 


6  Church  and  State  in  Early  Maryland.  [194 

land,  son  and  heir  of  George  Calvert,  knight,  late  Baron  of 
Baltimore  J  in  our  said  kingdom  of  Ireland,  treading  in  the 
steps  of  his  father,  being  animated  with  a  laudable  and  pious 
zeal  for  extending  the  Christian  religion,  and  also  the  terri- 
tories of  our  empire,  hath  humbly  besought  leave  of  us,  that 
he  may  transport,  by  his  own  industry  and  expense,  a  numer- 
ous colony  of  the  English  nation,  to  a  certain  region,  herein- 
after described,  in  a  country  hitherto  uncultivated,  in  the 
parts  of  America,  and  partly  occupied  by  savages,  having  no 
knowledge  of  the  Divine  Being,  and  that  all  that  region,  with 
some  certain  privileges  and  jurisdictions  appertaining  unto 
the  wholesome  government  and  state  of  his  colony  and  region 
aforesaid,  may  by  our  royal  highness  be  given,  granted,  and 
confirmed  unto  him,  and  his  heirs.     Know  ye,  therefore,'^  etc.^ 

(6)  "Also,  we  do  grant,  and  likewise  confirm  unto  the  said 
Baron  of  Baltimore,  his  heirs  and  assigns,  all  islands  and 
islets,  &c.  And  furthermore,  the  Patronages  and  Advoiosoiis 
of  all  churches  which  (with  the  increasing  worship  and  religion 
of  Christ),  within  the  said  region,  islands,  islets  and  limits 
aforesaid,  hereafter  shall  happen  to  be  built;  together  with 
license  and  faculty  of  erecting  and  founding  churches,  chapels, 
and  places  of  worship,  in  convenient  and  suitable  places, 
within  the  premises,  and  of  causing  the  same  to  be  dedicated 
and  consecrated  according  to  the  ecclesiastical  laws  of  our 
kingdom  of  EnglandJ' 

(c)  "And  if,  perad venture,  hereafter  it  may  happen  that 
any  doubts  or  questions  should  arise  concerning  the  true 
sense  and  meaning  of  any  word,  clause,  or  sentence  contained 
in  this  our  present  cAar^er,  we  will  charge  and  command 
That  interpretation  to  be  applied  always,  and  in  all  things, 
and  in  all  our  courts  and  judicatories  whatsoever,  to  obtain 
which  shall  be  judged  to  be  the  more  beneficial,  profitable, 
and  favorable  to  the  aforesaid  now  Baron  of  Baltimore,  his 
heirs  and  assigns;  provided  always,  that  no  interpretation 

*  These  extracts  are  taken  from  the  translation  of  the  charter  given  in 
Soharf ,  I. ,  p.  53  seq. 


195]  Church  and  State  in  Early  Maryland.  7 

thereof  be  made,  whereby  God^s  holy  and  true  Christian 
religion,  or  the  allegiance  due  to  us  our  heirs  and  successors, 
may  in  any  wise  suffer  by  change,  prejudice  or  diminution." 
The  first  extract  is  plainly  nothing  more  than  a  formal 
introduction,  such  as  frequently  occurs  in  the  charters  of  the 
time.  As  to  the  precise  meaning  of  the  second  extract  there 
has  been  a  wide  difference  of  opinion.  The  grant  of  the 
"  license  and  faculty  "  of  erecting  and  consecrating  churches 
"according  to  the  ecclesiastical  laws  of  our  kingdom  of  Eng- 
land "  may  imply  : 

1.  That  churches  must  be  thus  and  only  thus  erected  and 
consecrated. 

2.  That  if  churches  be  erected  and  consecrated  it  must  be 
according  to  the  ecclesiastical  laws  of  England. 

3.  That  if  churches  be  erected  and  consecrated  it  may  be 
according  to  the  ecclesiastical  laws  of  England. 

The  first  interpretation  would  practically  establish  the 
Church,  of  England.  The  second  would  almost  necessarily 
prevent  the  establishment  of  any  other  church.  The  third 
would  grant  permission  for  the  establishment  of  the  Church 
of  England,  but  would  not  exclude  other  churches  from  being 
established. 

The  point  of  the  third  extract  is  in  its  last  clause — "pro- 
vided always,  that  no  interpretation  thereof  be  made,  whereby 
God's  holy  and  true  Christian  religion,  or  the  allegiance  due 
to  us,  our  heirs  and  successors,  may  in  any  wise  suffer  by 
change,  prejudice  or  diminution." 

What  is  meant  by  "  God's  holy  and  true  Christian  religion  " 
("  Sacro  sancta  dei  et  vera  Christiana  religio  ")  ?  Does  this 
include  all  decent  forms  of  Christianity?  Or  is  the  king, 
being  head  of  the  Church  of  England,  supposed  to  consider 
it  as  the  "  holy  and  true  Christian  religion,"  and  does  he  by 
this  phrase  in  the  charter  refer  only  to  the  Church  of  Eng- 
land ?  Some  light  may  be  thrown  on  these  extracts  by  other 
charters  of  the  time. 

With  the  second  extract  it  is  interesting  to  compare  the 


8  Church  and  State  in  Early  Maryland.  [196 

charter  of  Avalon/  granted  to  Baltimore,  April  7,  1623,  and 
the  grant  of  New  Albion/'^  given  to  Plowden,  June  21,  1634. 
All  these  are  very  much  alike,  and  each  was  probably  mod- 
eled on  its  predecessor.  All  three  contain  the  clause  granting 
"  the  Patronages  and  Advowsons  of  all  churches  which  (with 
the  increasing  worship  and  religion  of  Christ)^  within  the 
said  regions,  islands,  islets  and  limits  aforesaid,  hereafter 
shall  happen  to  be  built."  But  only  the  Maryland  charter 
has  the  rest  of  the  clause  concerning  the  dedication  according 
to  the  ecclesiastical  laws  of  England.  In  1624  Baltimore 
joined  the  Roman  Catholic  Church.  Now,  since  the  charter 
of  Avalon,  granted  him  before  that  event,  omits  the  dedica- 
tion clause,  the  Maryland  charter  granted  him  when  he  was 
a  Catholic  inserts  it,  and  two  years  later  Plowden^s  charter, 
closely  resembling  it  in  other  respects,  omits  this  clause ;  it 
therefore  seems  probable  that  the  clause  was  inserted  as  a 
precaution  of  some  sort  against  Roman  Catholicism,  but  its 
effectiveness  in  this  sense  would  vanish  unless  it  excluded 
dedication  and  consecration  other  than  by  the  laws  of  Eng- 
land. Therefore  we  may  eliminate,  as  probably  not  intended, 
the  third  of  the  interpretations  given  above.  And  as  the 
first  interpretation  seems  scarcely  a  legitimate  construction  of 
the  phraseology,  the  second  is  left  as  the  probable  meaning  of 
the  clause,  namely,  that  if  churches  be  erected  and  conse- 
crated, it  must  be  according  to  the  ecclesiastical  laws  of 
England. 

With  the  third  extract  we  may  compare : 

1.  A  clause  in  the  letters  patent  granted  by  Queen  Eliza- 
beth to  Sir  Walter  Raleigh  in  1584:  "So  always  as  said 
statutes,  laws,  and  ordinances  may  be,  as  neere  as  con- 
veniently may  be,  agreeable  to  the  laws,  statutes,  govern- 
ment, or  pollicie  of  England,  and  also,  so  as  they  be  not 
against  the  Christian  faith,  nowe  professed  in  the  Church  of 

1  Given  in  Scharf,  I.,  35.     (Copies  in  Latin  and  English  are  in  the  Cal- 
vert Papers.) 

2  Given  in  the  Latin  in  Penn.  Mag.  of  Hist,  and  Biog.,  Vol.  VII.,  55. 


197]  Church  and,  State  in  Early  Maryland.  9 

England,  nor  in  any  wise  to  withdraw  any  of  the  people  of 
those  lands  from  the  allegiance  of  us,  our  heirs,"  etc.^ 

2.  A  clause  in  the  Instructions  for  the  Government  of  the 
Colonies,  given  in  1606:  "and  wee  doe  specially  ordaine, 
charge,  and  require,  the  said  president  and  councells,  and  the 
ministers  of  the  said  several  colonies  respectively,  within  their 
several  limits  and  precincts,  that  they,  with  all  diligence, 
care  and  respect,  doe  provide,  that  the  true  word  and  pei-vice 
of  God  and  Christian  faith  be  preached,  planted,  and  used,  not 
only  within  every  of  the  said  several  colonies,  and  plantations, 
but  alsoe  as  much  as  they  may  amongst  the  salvage  people 
which  doe  or  shall  adjoine  unto  them,  or  border  upon  them, 
according  to  the  doctrine,  rights,  and  religion  now  i)rofessed 
and  established  within  our  realme  of  England,"  etc.^ 

3.  A  part  of  the  Virginia  charter  of  1609 :  "And  lastly 
because  the  principal  effect  which  we  can  desire  or  expect  of 
this  action,  is  the  conversion  and  reduction  of  the  people  in 
those  parts  unto  the  true  worship  of  God  and  Christian 
religion  in  which  respect  we  should  be  loath,  that  any  person 
should  be  permitted  to  pass,  that  we  suspected  to  effect  the 
superstitions  of  Rome :  we  do  hereby  declare,"  etc' 

4.  A  clause  in  the  grant  of  Maine  to  Gorges,  April  3, 
1639 :  "  No  interpretation  being  made  of  any  word  or  sen- 
tence whereby  God's  holy  and  true  Christian  religion  now 
taught,  professed  and  maintained  the  fundamental  lawes  of 
this  realm  or  our  allegiance  to  us  our  heirs  and  successors 
may  suffer  prejudice  or  diminucon."^ 

*  Given  in  Streeter  :  Maryland  200  Years  Ago.     Appendix. 

2 Given  in  Brown  :  The  Genesis  of  the  United  States.    Vol.  I.,  67-8. 
2 Given  in  Lucas:  Charters  of  the  Old  English  Colonies  in  America, 
p.  18. 

*  This  is  taken  from  Hazard,  Vol.  I.,  455.  He  has  it  "  whereby  God's 
word,  true  Christian  religion,"  etc.  ;  but  as  in  his  version  of  Plowden's 
charter  for  New  Albion  he  translates  the  Latin  "  sacro  sancta  dei  et 
vera  Christiana  religio  "  by  "  the  word  of  God  and  true  Christian  religion," 
I  have  concluded  that  he  is  here  translating  the  same  Latin,  and  have 
given  it  the  usual  rendering. 


10  Church  and  State  in  Early  3Iaryland.  [198 

These  passages  make  it  clear  that,  however  the  charter 
might  be  interpreted  on  its  face,  if  taken  in  the  light  of  sim- 
ilar documents  of  the  time,  "God's  true  and  holy  Christian 
religion  "  means  the  Church  of  England. 

But  apart  from  these  passages  which  bear  directly  on  the 
relation  of  State  to  Church,  there  are  two  others  that  bear  on 
it  indirectly : 

1.  After  giving  the  Proprietary  the  right  to  make  laws 
with  the  assent  of  the  freemen  of  the  Province,  it  continues  : 

"  So,  nevertheless,  that  the  laws  aforesaid  be  consonant  to 
reason,  and  be  not  repugnant  or  contrary,  but  (so  far  as  may 
be)  agreeable  to  the  laws,  statutes,  customs  and  rights  of  this 
our  kingdom  of  England." 

2.  Further  on  occurs  the  following  passage  : 

"  We  will  also,  out  of  our  more  abundant  grace,  for  us, 
our  heirs  and  successors,  do  firmly  charge,  constitute,  ordain 
and  command,  that  the  said  Province  be  of  our  allegiance; 
and  that  all  and  singular  the  subjects  and  liege-men  of  us, 
our  heirs  and  successors,  transplanted  or  hereafter  to  be 
transplanted  into  the  Province  aforesaid,  and  the  children  of 
them,  and  of  others  their  descendants,  whether  already  born 
there  or  hereafter  to  be  born,  be  and  shall  be  natives  and 
liege-men  of  us  our  heirs  and  successors,  of  our  kingdom  of 
England  and  Ireland ;  and  in  all  things  shall  be  held  treated, 
reputed  and  esteemed  as  the  faithful  liege-men  of  us,  and  our 
heirs  and  successors,  born  within  our  kingdom  of  England ; 
also  lands,  tenements,  revenues,  services,  and  other  hered- 
itaments whatsoever,  within  our  kingdom  of  England,  and 
other  our  dominions,  to  inherit,  or  otherwise  purchase, 
receive,  take,  have,  hold,  buy  and  possess,  and  the  same  to 
use  and  enjoy,  and  the  same  to  give,  sell,  alien,  and  bequeath  ; 
and  likewise  all  privileges,  franchises  and  liberties  of  this  our 
kingdom  of  England,  freely,  quietly,  and  peaceably  to  have 
and  possess,  and  the  same  may  use  and  enjoy  in  the  same 
manner  as  our  liege-men  born,  or  to  be  born  within  our  said 
kingdom  of  England,  without  impediment,  molestation,  vex- 


199]  Church  and  State  in  Early  Maryland.  11 

ation,  impeachment,  or  grievance  of  us,  or  any  of  our  heirs 
or  successors;  any  statute,  act,  ordinance,  or  provision  to 
the  contrary  thereof  notwithstanding." 

The  first  of  these  is  so  vague  as  to  be  satisfied  by  almost 
any  arrangement  with  regard  to  church.  But  the  second 
gives  the  inhabitants  of  the  province  the  right  to  all  the 
privileges  of  native-born  Englishmen,  and  it  is  difficult  to 
see  how  this  can  be  so  construed  as  to  exclude  the  right  to 
the  establishment  of  the  Church  of  England. 

To  sum  up  :  the  charter  probably  requires  that  if  churches 
be  erected  and  consecrated,  it  must  be  according  to  the  eccle- 
siastical laws  of  England;  it  directs  that  no  interpretation  be 
put  upon  it  whereby  the  Church  of  England  may  suffer  by 
change,  prejudice,  or  diminution  ;  and  it  gives  the  inhabitants 
of  the  province  the  same  right  as  native-born  Englishmen  to 
whatever  privileges  accompany  an  establishment. 

But  in  the  uncertain  state  of  political  and  religious  affairs 
in  England  at  that  time  it  would  have  been  a  difficult  matter 
to  say  just  what  were  the  rights  of  the  Church  of  England 
that  must  not  be  infringed  upon,  and  just  what  privileges  all 
Englishmen  could  claim  from  an  establishment.  Moreover, 
it  was  not  a  time  when  things  turned  on  technical  interpre- 
tation of  written  documents.  Historical  forces  were  at  work, 
and  these,  in  connection  with  the  policy  of  the  administration 
and  the  temper  of  the  colonists,  were,  after  all,  to  determine 
the  relation  of  Church  and  State  in  Maryland.  It  is  our 
task,  then,  to  trace  the  development  of  this  relation,  and  this 
brings  us  to  our  second  division. 

II. — THE  PERIOD    FROM   THE  FOUNDING   OF   THE  COLONY 
TO   THE   ACT    OF   TOLERATION   IN    1649. 

This  is  the  period  of  the  development  of  religious  toleration. 

1.  Lord  Baltimore's  intention  with  regard  to  religious 
freedom  is  clearly  shown  by  a  letter  of  his  son  Charles, 
written   in   1678.     It   savs  ;  '^  Mv  father,  albeit  he  had  an 


^iFh^ 


12  Church  and  State  in  Early  Maryland.  [200 

absolute  liberty  given  to  him  and  his  heirs  to  carry  thither 
any  persons  out  of  any  the  dominions  that  belonged  to 
the  Crown  of  England  who  should  be  willing  to  go  thither, 
yet  when  he  came  to  make  use  of  this  liberty  he  found  very 
few  who  were  inclined  to  go  and  seat  themselves  in  those 
parts  but  such  as  for  some  reason  or  other,  could  not  live 
with  ease  in  other  places  and  of  these  a  great  part  were  such 
as  could  not  conform  in  all  particulars  to  the  several  laws  of 
England  relating  to  religion.  Many  there  were  of  this  sort 
of  people  who  declared  their  willingness  to  go  and  plant 
themselves  in  this  province  so  as  they  might  have  a  general 
toleration  settled  there  by  a  law  by  which  all  of  all  sorts  who 
professed  Christianity  in  general  might  be  at  liberty  to  wor- 
ship God  in  such  manner  as  was  most  agreeable  with  their 
respective  judgments  and  consciences,  without  being  subject 
to  any  penalties  whatever -for  their  so  doing,  provided  the 
civil  peace  were  preserved.  And  that  for  the  securing  the 
civil  peace,  and  preventing  all  heats  and  feuds  which  were 
generally  observed  to  happen  amongst  such  as  differ  in  opin- 
ions upon  occasion  of  reproachful  nicknames,  and  reflecting 
upon  each  other's  opinions,  it  might  by  the  same  law  be  made 
penal  to  give  any  offense  in  that  kind.  These  were  the  con- 
ditions proposed  by  such  as  were  willing  to  go  and  be  the  first 
planters  of  this  province ;  and  without  the  complying  with 
these  conditions,  in  all  probability  this  province  had  never 
been  planted.  To  these  conditions  my  father  agreed;  and 
accordingly  soon  after  the  first  planting  of  this  province  these 
conditions,  by  the  unanimous  consent  of  all  who  were  con- 
cerned, were  passed  into  a  law ;  and  the  inhabitants  of  this 
province  have  found  such  effects  from  this  law,  and  from  the 
strict  observance  of  it,  as  well  in  relation  to  their  quiet  as  in 
relation  to  the  farther  peopling  of  this  province,  that  they 
look  on  it  as  that  whereon  alone  depends  the  preservation  of 
their  peace,  their  properties,  and  their  liberties.''^ 

'  See  Arcliives  of  Maryland  :  Council  II.,  267-8.     In  this  quotation  the 
spoiling  and  punctuation  have  been  modernized. 


201]  Church  and  State  in  Early  Maryland.  13 

In  the  light  of  this  should  be  taken  the  following  extracts 
from  a  letter  written  in  1638  by  Cornwalleys,  one  of  the  most 
prominent  of  the  original  settlers  :  '^  Perhaps  this  fault  hath 
beene  permitted  in  vs  as  A  favoure  toe  yr  Lo^  whereby  you 
may  declare  the  Sincerety  of  yr:  first  pyouse  pretence  for  the 
Planting  of  this  desert  Province,  w'^^  will  bee  toe  much 
doubted  of  if  you  should  take  Advantage  of  oure  Ignorant 
and  vncontionable  proceedeings  toe  Assume  more  than  wee 
can  Justly  giue  you."^ 

And  a  little  further  on :  "  Yr  Lo^  knowes  my  Securety 
of  Contiens  was  the  first  Condition  that  I  expected  from  this 
Government." 

In  keeping  with  this  are  his  instructions  to  the  first 
colonists,  from  which  is  taken  this  extract :  "  Inpri:  His 
Lqpp  requires  his  said  Gouernor  &  Commissioners  th^  in  their 
voyage  to  Mary  Land  they  be  very  careful!  to  preserue  vnity 
&  peace  amongst  all  the  passengers  on  Shipp-board,  and  that 
they  suffer  no  scandall  nor  offence  to  be  giuen  to  any  of  the 
Protestants,  whereby  any  lust  complaint  may  heerafter  be 
made,  by  them,  in  Virginea  or  in  England,  and  that  for  that 
end,  they  cause  all  Acts  of  Romane  Catholique  Religion  to 
be  done  as  priuately  as  may  be,  and  that  they  instruct  all  the 
Romane  Catholiques  to  be  silent  vpon  all  accasions  of  dis- 
course concerning  matters  of  Religion;  and  that  the  said 
Gouernor  &  Comissioners  treate  the  Protestants  w^*"  as  much 
mildness  and  fauor  as  Justice  will  permitt.  and  this  to  be 
obserued  at  Land  as  well  as  at  Sea."  (Calvert  Papers,  Vol.  I., 
p.  132.) 

And  in  keeping  with  this  liberal  policy  he  offered  the  same 
toleration  a  few  years  later  to  such  persons  from  Massachu- 
setts as  would  move  to  Maryland.  In  proof  of  this  the 
following  extract  is  given  from  Gov.  Winthrop^s  Journal  for 
1643:  "The  Lord  Bartemore  being  owner  of  much  land 
near  Virginia,  being  himself  a  papist,  and  his  brother,  Mr. 
Calvert  the  governour  there  a  papist  also,  but  the  colony 

1  Calvert  Papers,  p.  172. 


14  Church  and  State  in  Early  Maryland,  [202 

consisted  both  of  protestants  and  papists,  he  wrote  a  letter  to 
Captain  Gibbons  of  Boston,  and  sent  him  a  commission, 
wherein  he  made  tender  of  land  in  Maryland  to  any  of  ours 
that  would  transport  themselves  thither,  with  free  liberty  of 
religion,  and  all  other  privileges  which  the  place  afforded, 
paying  such  annual  rent  as  should  be  agreed  upon;  but  our 
Captain  had  no  mind  to  further  his  desire  herein,  nor  had  any 
of  our  people  temptation  that  way."^ 

Some  time  before  1649^  he  seemed  also  to  have  promised 
religious  toleration  to  Puritan  refugees  from  Virginia,  for 
the  author  of  ^  Leah  and  Rachel,'  a  pamphlet  published  in 
1656,  says  :  ^^  Maryland  was  courted  by  them  [the  Puritans] 
as  a  refuge,  the  Lord  Proprietor  and  his  Governor  solicited 
to,  and  several  addresses  and  treaties  made  for  their  admit- 
tance and  entertainment  into  that  province ;  their  conditions 
were  pitied,  their  propositions  were  hearkened  to  and  agreed 
on,  which  was,  that  they  should  have  convenient  portions  of 
land  assigned  them,  liberty  of  conscience,  and  privilege  to 
choose  their  own  officers,  and  hold  courts  within  themselves. 
All  was  granted  them,"  etc. 

These  extracts  prove  that,  from  the  first,  Baltimore's  plan 
was  to  maintain  religious  toleration  in  Maryland. 

2.  But  not  only  was  religious  toleration  promised  by 
Baltimore,  it  was  enforced  also  in  various  ways  by  him,  and 
by  the  government  in  the  colony,  as  will  be  evident  from  the 
following  facts : 

(a)  A  proclamation  was  made  against  all  disputes  that 
tended  to  '^cherish  a  faction  in  religion."  Neither  the  form 
nor  the  precise  date  of  this  is  known,  but  it  was  at  least  as 
early  as  1638  ;  for  in  that  year  we  have  a  full  account  of  the 
trial  of  William  l^ewis,  who  had  quarreled  rather  violently 
with  two  servants  on  religious  questions ;  and  in  the  record 

^  Winthrop's  History  of  New  England,  ed.  by  Savage,  II.,  149. 

^This  was  before  1649,  because  the  author  of  *Leah  and  Rachel'  says 
that  after  they  came  to  Maryland  the  Puritans  participated  in  the 
Assembly  which  passed  the  Act  of  Toleration. 


203]  Church  and  State  in  Early  Maryland.  16 

of  the  proceedings  occurs  the  following  sentence:  "The 
Captain,  likewise,  found  him  to  have  offended  against  the 
public  peace,  and  against  the  proclamation  made  for  the  sup- 
pressing of  all  such  disputes  tending  to  the  cherishing  of  a 
faction  in  religion ;  and  therefore  fined  him  likewise  five 
hundred  pounds  to  the  Lord  of  the  Province."^ 

(b)  But  religious  freedom  was  maintained  in  a  more 
thorough  way  than  by  mere  proclamation.  In  the  oath  which 
governor  and  councillors  were  required  to  take  on  entering 
their  office,  there  was  a  clause  which  required  them  to  main- 
tain religious  toleration  in  the  colony.  Exactly  when  this 
clause  was  first  inserted  in  the  oath  is  a  disputed  point. 
Chalmers  says^  it  was  taken  in  this  form  "  between  1637  and 
1657";  but  what  ground  he  had  for  this  assertion  is  not 
known,  and  his  phraseology  is  ambiguous.  It  may  mean 
constantly  between  1637  and  1657,  or  it  may  mean  sometimes 
between  those  years.  I  have  searched  the  records  carefully, 
and  find  the  oath  with  the  toleration  clause  taken  after,  but 
never  before,  1648.  The  following  is  the  clause  in  question 
in  the  oaths  for  governor  and  councillors  in  the  form  in  which 
it  was  sent  out  by  Baltimore,  August  6,  1648  : 

"  I  will  not  by  myself  nor  any  person  directly  or  indirectly 
trouble  molest  or  discountenance  any  person  whatsoever  in 
the  said  Province  professing  to  believe  in  Jesus  Christ  and 
in  particular  no  Roman  Catholick  for  or  in  respect  of  his  or 
her  Religion  nor  in  his  or  her  free  exercise  thereof  within 
the  said  Province  so  as  they  be  not  unfaithful  to  his  said 
Lordship  or  molest  or  conspire  against  the  Civil  Government 
Established  here  under  him."^  Thus  far  the  governor's  and 
the  councillor's  oaths  agree,  but  the  governor's  oath  contains 
in  addition  the  following:  "nor  will  I  make  any  difference 
of  Persons  in  Conferring  of  Offices  Rewards  or  Favours 
proceeding  from  the  Authority  which  his  said  Lordship  hath 

^Archives  of  Maryland,  Provincia,!  Court,  II.,  38. 

'^Chalmers:  Annals,  p.  235. 

3  Archives  of  Md.,  Council  I.,  210,  214. 


16  Church  and  State  in  Early  Maryland.  [204 

conferred  upon  me  as  his  Lieuf  here  for  in  Respect  of  their 
s*!  Religion  Respectively  but  mearly  as  I  shall  find  them 
faithful  and  well  deserving  of  his  said  Lordship  and  to  the 
best  of  my  understanding  endowed  with  moral  virtues  and 
abilities  fitting  for  such  Rewards  Offices  or  favours  wherein  my 

prime  aim  and   end   from   time   to   time shall 

sincerely  be  the  Advancement  of  his  said  Lordships  service 
here  and  the  publick  unity  and  Good  of  the  Province  without 
Partiality  to  any  or  any  other  sinister  end  whatsoever  and  if 
any  other  Officer  or  Person  whatsoever  shall  during  the  time 
of  my  being  his  said  Lordships  Lieutenant  here  without  my 
consent  or  Privity  molest  or  disturb  any  Person  within  this 
Provence  professing  to  believe  in  Jesus  Christ  meerly  for  or 
in  Respect  of  his  or  her  Religion  or  the  free  exercise  thereof 
upon  notice  or  Complaint  thereof  made  unto  me  I  will  apply 
my  Power  and  Authority  to  Relieve  and  Protect  any  Person 
so  molested  or  troubled  whereby  he  may  have  right  done  him 
for  any  damage  which  he  shall  suffer  in  that  kind  &  to  the 
utmost  of  my  power  will  Cause  all  and  every  such  person  or 
persons  as  shall  molest  or  trouble  any  other  Person  or 
Persons  in  that  manner  to  be  punished/' 

3.  Promises,  proclamations  and  oaths  may  very  well 
indicate  Baltimore\s  policy  with  regard  to  religious  freedom ; 
but  equally  important  with  the  policy  is  the  way  in  which 
that  policy  is  carried  out  in  the  concrete  cases.  And  it  was 
not  long  before  the  test  case  arose  that  was  to  decide  whether 
this  policy  was  practicable  and  had  behind  it  energy  and  dis- 
cretion enough  to  give  it  vitality.  The  test  came  in  the 
conflict  between  canon  and  civil  law.  Dr.  Wm.  Hand 
Browne  puts  the  case  as  follows : 

"In  England,  testamentary  matters,  the  appointment  of 
administrators,  etc.,  were  under  the  jurisdiction  of  the  ecclesi- 
astical courts.  In  Maryland,  as  yet,  there  were  no  ecclesiastics 
but  the  Jesuits ;  were  they  to  have  control  over  all  orphans' 
estates?  One  of  the  rights  most  strongly  asserted  by  the 
Church  of  Rome  was  that  priests  and  church  property  were 


205]  Church  and  State  in  Early  Maryland.  17 

amenable  to  ecclesiastical  law  only;  were  they  to  be  put  on 
the  same  footing  as  laymen — to  be  liable  to  summons,  arrest, 
or  distraint,  to  civil  or  criminal  process  in  the  ordinary  courts 
oflaw?'^^ 

Clearly  if  such  things  as  testamentary  matters  are  to  be 
in  tlie  hands  of  ecclesiastics,  and  if  priests  and  church  prop- 
erty are  to  be  subject  only  to  ecclesiastical  law,  ecclesiastical 
courts  must  be  recognized  in  the  colony.  But  this  would  be 
inconsistent  with  Baltimore's  plans  for  religious  freedom  and 
equality. 

Further,  from  the  founding  of  the  colony,  the  Jesuits, 
though  not  numerous,  had  been  zealous  and  energetic,  and 
had  made  a  number  of  converts,  not  only  among  the  colonists, 
but  also  among  the  Indians.  "  In  return,  the  kings  and 
chiefs  had  given  them  immense  grants  of  land,  which,  in 
addition  to  those  taken  up  under  the  conditions  of  plantation, 
were  held  by  Thomas  Copley,  one  of  their  members,  to  the 
use  of  the  order.  Here  was  another  danger.  Were  lands  in 
Maryland  to  be  held  by  any  other  title  than  as  grants  from  the 
Proprietary  ?  Were  great  estates  to  grow  up,  held  in  mort- 
main, always  increasing,  and  never  reverting  to  secular 
hands  ?"  ^  Baltimore  saw  the  danger  of  these  tendencies  and 
firmly  resisted  them.'^  In  this  he  was  earnestly  supported  by 
Mr.  Lewgar,  his  secretary,  a  Protestant  recently  converted  to 
Catholicism,  as  is  indicated  by  the  following  extract  from  a 
letter  written  in  1628  by  Mr.  Copley,  a  Roman  Catholic,  to 
Baltimore : 

*^  First  there  is  not  any  care  at  all  taken,  to  promote  the 
conuersion  of  the  Indians,  to  prouide  or  to  shew  any  fauor 
to  Ecclesiasticall  pe^sons,  or  to  preserue  for  the  church  the 
Immunity e  and  priueledges,  w^^  she  enioyeth  euery  where 
else;  But  rather  MT  Lugar  seemeth  to  defend  opinions  here, 

^  Browne  :  George  and  Cecil ius  Calvert,  p.  103. 
2  Browne:  George  and  Cecilius  Calvert,  p.  104. 

*  On  the  contest  between  the  Proprietary  and  the  Jesuits,  see  Johnson  : 
Foundation  of  Maryland,  pp.  55-94. 


18  Church  and  State  in  Early  Maryland.  [206 

that  she  hath  noe  priueledges  iure  diuino.  That  bulls  Canons 
and  Casuists  are  little  to  be  regarded  in  these  cases,  because 
they  speake  for  themselues,  as  if  others  oposing  them  had  noe 
selfe  interest  and  therfor  must  know  better  what  belongs  to 
the  church  then  she  hirselfe.  That  Priueledge  are  not  due  to 
the  church  till  the  common  wealths  in  w^^  the  church  is  grante 
them.  And  therfor  while  they  grante  none,  I  doubte  that 
not  only  MV  Lugar,  hut  also  some  others  that  I  feai'e  adhere  to 
much  to  him,  conceaue  that  they  may  proceed  w^^  Ecclesi- 
asticall  persons  and  w^^  others,  and  accordingly  they  seeme  to 
resolve  to  bind  them  to  all  there  lawes,  and  to  exacte  of  them 
as  of  others."^ 

The  course  which  Lewgar  adopted  to  attain  his  ends  is  thus 
described  in  the  record  of  the  Society  of  Jesus:  "  Therefore 
this  Secretary  having  summoned  the  Parliament  in  Maryland^ 
composed,  with  few  exceptions,  of  heritics  and  presided  over 
by  himself,  in  the  name  of  the  Lord  Baltimore  himself,  he 
attempted  to  pass  the  following  laws,  repugnant  to  the  Catho- 
lic faith  and  ecclesiastical  immunities ;  That  no  virgin  can 
inherit  unless  she  marry^s  before  29  years  of  age ;  that  no 
ecclesiastic  shall  be  summoned  in  cause,  civil  or  criminal,  be- 
fore any  other  than  a  secular  judge;  that  no  ecclesiastic  shall 
enjoy  any  privilege,  except  such  as  he  is  able  to  show  ex  8crip- 
tura,  nor  to  gain  anything  for  the  Church,  except  by  the  gift 
of  the  Prince,  nor  to  accept  any  site  for  a  church  or  cemetery, 
nor  any  foundation  from  a  convert  Indian  King,  nor  shall 
any  one  depart  from  the  Province  even  to  preach  the  Gospel 
to  the  infidels  by  authority  of  the  See  Apostolic,  without  a 
license  from  the  laye  Magistrate ;  nor  shall  any  one  exercise 
jurisdiction  within  the  Province  which  is  not  derived  from 
the  Baron,  and  such  like."  ^ 

These  measures  seem  never  to  have  become  laws,  as  they  do 
not  appear  in  the  records.  But  about  this  time  testamentary 
matters  were,  by  act  of  the  Assembly  of  the  colony,  formally 


Calvert  Papers,  p.  162-3. 

Johnson:  Foundation  of  Maryland,  p.  81. 


207]  Church  and  State  in  Early  Maryland.  19 

brought  under  civil  jurisdiction ;  for  in  "  an  Act  ordeining 
certain  laws  for  the  government  of  this  Province/'  passed  by 
that  body  in  March,  1638-9,  and  approved  by  the  Proprietary, 
there  occurs  the  following  clause  :  "  The  Secretary  shall  prove 
wills  and  grant  Administrations  and  use  and  appoint  all 
power  and  means  necessary  or  conducing  thereunto/'  ^ 

And  in  1640,  the  civil  power  assumed  control  likewise  of 
marriages  and  the  Assembly  passed  the  following  act  in  regula- 
tion thereof: 

"  An  Act  touching  Marriages. 

No  partie  may  Solemnize  marriage  with  any  woman  afore 
the  banes  3  days  before  published  in  some  Chappell  or  other 
place  of  the  County  where  publique  instnts  are  used  to  be 
notified  or  else  afore  oath  made  &  ciiution  en  tied  in  the 
County  Court  that  neither  partie  is  apprentice  or  ward  or  pre- 
contracted or  within  the  forbidden  degrees  of  consanguinity 
or  under  govermt,  of  parents  or  tutors  and  certificate  of 
such  oath  &  caution  taken  from  the  Judge  or  Register  of  the 
Court  upon  paine  of  fine  &  recompense  to  the  partie  grieved." 

This  act  was  to  endure  for  two  years  after  the  end  of  this 
Assembly.  Lewgar's  attempt  had  in  large  part  failed.  But 
in  the  contest  over  the  laws  which  he  urged,  the  Jesuits  nat- 
urally sided  in  favor  of  the  canon  law,  and  strove  so  earnestly 
to  maintain  what  they  regarded  as  their  privileges  under  that 
system  that  Baltimore,  who  was  determined  to  do  away  with 
these  privileges,  thought  it  best  to  obtain  their  withdrawal 
from  the  colony  and  to  have  secular  priests  sent  out  in  their 
stead. 

"  The  said  Baron,  with  others  favorable  to  his  opinions, 
began  to  turn  his  attention  to  the  expulsion  of  the  Fathers, 
and  the  introducing  others  in  their  stead,  who  would  be  more 
pliable  to  his  Secretary.  Therefore  he  proceeded  last  year, 
to  petition  the  Sacred  Congregation  of  the  Propagation  of  the 
Faith,  in  the  name  of  the  Catholics  of  Maryland,  to  grant  a 

'  Archives  of  Maryland,  Assembly  I.,  83. 


20  Church  and  State  in  Early  Maryland.  [208 

Prefect  and  priests  of  the  Secular  Clergy,  faculties  for  the 
same  mission,  making  no  mention  in  the  meantime,  of  the 
labors  of  the  Fathers  undertaken  in  that  harvest,  nor  ex- 
pressing the  motives  which  induced  him  to  substitute  new 
priests  .  .  .  But  the  Sacred  Congregation,  being  entirely 
ignorant  of  these  matters,  granted  the  Petition."^ 

In  November,  1641,  Baltimore  issued  new  ^^  Conditions  of 
Plantation,"  containing  in  the  last  two  sections  provisions 
against  holding  land  in  mortmain,  and  accompanied  by  an 
oath  which  was  to  be  administered  to  those  taking  up  land, 
and  which  bound  its  taker  to  receive  and  hold  land  from  no  one 
except  the  Proprietary.  For  some  unknown  reason  the  last 
two  sections  and  the  oath  seem  not  to  have  been  published. 

When  these  were  received  in  Maryland,  the  Governor  and 
Lewgar  visited  the  Jesuits  and  the  whole  matter  of  eccles- 
iastical privileges  was  discussed  anew.  The  question  was 
referred  by  the  Jesuits  to  their  Provincial  in  England,  and 
by  him  to  Rome.  Finally  the  Provincial  officially  declared 
that  the  conditions  of  plantation  and  the  oath  contained 
nothing  which  the  Jesuits  might  not  comply  with,  and  for- 
mally gave  up  all  lands  held  by  them  and  all  right  to  acquire 
land  except  from  the  Proprietary. 

Thus  ended  the  contest  over  the  canon  law.  Causes  testa- 
mentary and  matrimonial  were  now  formally  brought  under 
the  jurisdiction  of  the  civil  courts,  and  the  Jesuits  formally 
renounced  the  right  to  acquire  land  except  with  the  consent 
of  the  Proprietary.  On  June  20,  1648,  new  conditions  of 
plantation  were  sent  out  and  published,  containing  prac- 
tically the  same  sections  about  mortmain  and  accompanied 
by  virtually  the  same  oath  as  in  1641.^ 

The  more  general  question  of  ecclesiastical  privileges  was 
not  formally  settled,  but  there  were  no  established  clergy 
and  no  ecclesiastical  courts,  so  no  privileges  could  really  be 
put  into  practice;  and,  furthermore,  the  policy  of  the  admin- 

^  Records  of  the  Society  of  Jesus,  in  Johnson,  p.  83. 
^Archives  of  Maryland,  Council  I.,  226-7. 


209]  Church  and  State  in  Early  Maryland,  21 

istration  had  been  emphatically  announced  on  this  point,  had 
met  with  no  successful  opposition  and  remained  in  possession 
of  the  field. 

4.  But  in  developing  religious  freedom  in  the  colony,  Bal- 
timore and  his  executives  did  not  work  alone.  From  the 
first  the  colonists  themselves,  through  the  Assembly,  took 
part  in  the  formation  of  the  policy  which  should  regulate 
religious  affairs. 

The  existing  records  of  the  Assembly  proceedings  begin  in 
January,  1637-8.  There  seems  to  have  been  some  kind  of 
Assembly  before  this,  and  it  is  quite  possible  that  it  passed 
some  Act  of  Toleration.  In  1758  the  Upper  and  the  Lower 
Houses  were  discussing  the  claims  of  Papists  to  consid- 
eration in  Maryland ;  and  the  Upper  House  said :  "  After 
the  charter  was  thus  granted  to  Lord  Baltimore,  who  was 
then  a  Roman  Catholic,  his  lordship  emitted  his  proclamation 
to  encourage  the  settlement  of  his  province,  promising  therein, 
among  other  things,  liberty  of  conscience,  and  an  equal 
exercise  of  religion  to  every  denomination  of  Christians  who 
would  transport  themselves  and  reside  in  his  province,  and 
that  he  would  procure  a  law  to  be  passed  for  that  purpose 
afterwards.  The  first  or  second  Assembly  that  met  after  the 
colonists  arrived  here,  some  time  in  the  year  1638,  a  per- 
petual law  was  passed,  in  pursuance  of  his  lordship's  promise, 
and,  indeed,  such  a  law  was  easily  obtained  from  those  who 
were  the  first  settlers.  This  was  confirmed  in  1649  and 
again  in  1650.''^ 

To  this  may  refer  also  a  sentence  in  the  letter,  already 
quoted,  of  Charles  Calvert,  written  in  1678.  Writing  about 
the  demands  of  the  first  settlers  for  a  promise  of  toleration 
before  leaving  home,  he  says  :  "To  these  conditions  my 
father  agreed ;  and  accordingly  soon  after  the  first  planting 
of  this  province  these  conditions  by  the  unanimous  consent 
of  all  who  were  concerned  were  passed  into  a  law." 

But  if  any  such  act  were  passed  before  1637,  no  trace  of  it 

'  Given  in  Scharf,  I.,  154. 


22  Church  and  State  in  Early  Maryland.  [210 

has  remained.  The  earliest  extant  act  touching  religion  is 
this,  which  was  passed  in  1637-8  :  "  Holy  Church  within 
this  province  shall  have  all  her  rights  and  liberties/'^ 

In  June,  1640,  occurs  the  following  :  "An  Act  for  Church 
liberties.  Holy  Church  within  this  Province  shall  have  and 
enjoy  all  her  Rights  liberties  and  Franchises  wholy  and 
without  Blemish.^^^ 

The  early  acts  of  the  Assembly  are  full  of  phrases  from 
Magna  Charta,  and  the  two  acts  just  quoted  are  clearly 
imitations  of  the  same  document.  What  was  their  precise 
meaning  the  framers  themselves  would  probably  have  been 
puzzled  to  tell.  They  doubtless  had  no  very  clear  or  con- 
sistent ideas  as  to  the  relation  of  State  to  Church,  and  did 
not  draw  very  sharply  the  line  between  creed  and  conduct. 
In  an  act  of  1642  for  the  punishment  of  "lesse  capital 
offences,"  sacrilege  and  sorcery  are  ranked  side  by  side  with 
homicide,  burglary,  piracy,  etc.  But  a  certain  rough  idea  of 
fair  play  in  religious  matters  appears  in  an  incident  recorded 
in  the  proceedings  of  the  Assembly  in  1641-2:  "The  peti- 
tion of  the  Protestants  was  read  complaining  against 
Mr.  Thomas  Gerard  for  taking  away  the  Key  of  the  Chappel 
and  carrying  away  the  Books  out  of  the  Chappel  and  such 
proceedings  desired  against  him  for  it  as  to  Justice  apper- 
taineth.  Mr  Gerard  being  charged  to  make  answer  the 
house  upon  hearing  of  the  Prosecutors  and  his  defense  found 
that  Mr  Gerard  was  guilty  of  a  misdemeanour  and  that  he 
should  bring  the  Books  and  Key  taken  away  to  the  place 
where  he  had  them  and  relinquish  all  title  to  them  or  the 
house  and  should  pay  for  a  fine  5001  tobacco  towards  the 
maintenance  of  the  first  minister  as  should  arrive."^ 

Also,  as  has  been  mentioned  in  another  connection,  the 
Assembly  made  the  regulation  of  testamentary  matters  in 
1638,  and  of  marriages  in  1640,  subject  to  civil  law.     These 

^Archives  of  Maryland,  Assembly  I.,  83. 
^Archives  of  Maryland,  Assembly  I.,  96. 
^  Archives  of  Maryland,  Assembly  I.,  119. 


211]  Church  and  State  in  Early  Maryland,  23 

acts  are  disconnected  and  show  a  lack  of  clear  ideas  on  the 
fundamental  questions  of  the  relation  of  State  to  Church  ; 
but  there  is  in  them  a  certain  rough  love  of  liberty  that  is 
not  altogether  out  of  keeping  with  the  great  act  which  con- 
stituted the  legal  corner-stone  of  religious  freedom  in  Mary- 
land, the  Act  of  1649. 

The  provisions  of  this  Act  are  as  follows  -.i 

^^  Acts  of  Assembly  of  the  21  of  Aprill     Acts  and  Orders  of 
1649.  Assembly    assented 

Confirmed  by  the  Lord  Proprietary  by  unto  Enacted  and 
an  instrument  under  his  hand  &  scale  made  at  a  Genall 
26th  of  August  1650  Sessions  of  the  said 

Phillip  Calvert.  Assembly  held  at  St 

Maries  on  the  one 
and   twentieth   day 
of  Aprill  Anno  Dm 
1649    as    followeth 
viz: 
"  An  Act  concerning  Religion   fforasmuch  as  in  a  well  gov- 
erned and  Xtian  Comon  Wealth  matters  concerning  Religion 
and  the  honor  of  God  ought  in  the  first  place  to  betaken  into 
serious  consideracon  and  endeavoured  to  bee  settled.      Be 
it  therefore  ordered  and  enacted  by  the  Right  Ho^^®  Cecilius 
Lord  Baron  of  Baltimore  absolute  Lord  and  Proprietary  of 
this  Province  with  the  advice  and  consent  of  this  Generall 
Assembly.     That  whatsoever  pson  or  psons  within  this  Pro- 
vince and  the  Islands  thereunto  belonging  shall  from  hence- 
forth blaspheme  God,  that  is  Curse  him,  or  deny  our  Saviour 
Jesus  Christ  to  bee  the  sonne  of  God,  or  shall  deny  the  holy 
Trinity  the  ffather  sonne  and  holy  Ghost,  or  the  Godhead  of 
any  of  the  said  Three  psons  of  the  Trinity  or  the  Unity  of  the 
Godhead,  or  shall  use  or  utter  any  reproachfull  Speeches, 
words  or  language  concerning  the  said  Holy  Trinity,  or  any 
of  the  said  three  psons  thereof,  shalbe  punished  with  death 

^Archives  of  Maryland,  Assembly  1.,  244  sq. 


24  Church  and  State  in  Early  Maryland.  [212 

and  confiscaton  or  forfeiture  of  all  his  or  her  lands  and  goods 
to  the  Lord  Proprietary  and  his  heires. 

"  And  be  it  also  Enacted  by  the  Authority  and  with  the 
advise  and  assent  aforesaid,  That  whatsoever  pson  or  psons 
shall  from  henceforth  use  or  utter  reproachfull  words  or 
Speeches  concerning  the  blessed  Virgin  Mary  the  Mother  of 
our  Saviour  or  the  holy  Apostles  or  Evangelists  or  any  of 
them  shall  in  such  case  for  the  first  offence  forfeit ".  .  . 

Here  follow  the  various  penalties :  fines,  public  whipping, 
imprisonment,  banishment,  according  to  circumstances. 
^^And  be  it  also  further  enacted  by  the  same  authority  advise 
and  assent  that  whatsoever  pson  or  psons  shall  from  hence- 
forth uppon  any  occasion  of  Offence  or  otherwise  in  a  reproach- 
ful manner  or  Way  declare  call  or  denominate  any  pson  or 
psons  whatsoever  inhabiting  residing  traflfiqueing  trading  or 
comerceing  within  this  Province  or  within  any  the  ports.  Har- 
bors, Creeks  or  Havens  to  the  same  belonging  an  heritick, 
Scismatick,  Idolator,  puritan,  Independant,  Prespiterian 
popish  priest,  Jesuite,  Jesuited  papist,  Lutheran,  Calvenist, 
Anabaptist,  Brownist,  Antinomian,  Barrowist,  Roundhead, 
Sepatist  or  any  other  name  or  term  in  a  reproachfull  manner 
relating  to  matter  of  Religion  shall  for  every  such  Offence 
forfeit^'.  .  . 

And  then  follow  the  penalties  :  fine,  public  whipping,  and 
imprisonment,  according  to  circumstances.  "  And  be  it  fur- 
ther likewise  Enacted  by  the  Authority  and  consent  aforesaid 
That  every  person  and  persons  within  this  Province  that  shall 
at  any  time  hereafter  pphane  the  Sabbath  or  Lords  day  called 
Sunday  by  frequent  swearing,  drunkennes  or  by  any  uncivill 
or  disorderly  recreacon,  or  by  working  on  that  day  when 
absolute  necessity  doth  not  require  it  shall  for  every  such  first 
offence  forfeit ".  .  . 

Then  follow  the  penalties :  fine,  imprisonment  and  public 
whipping.     Last  is  the  provision  for  religious  toleration  : 

"  And  whereas  the  inforceing  of  the  conscience  in  matters  of 
Religion  hath  frequently  fallen  out  to  be  of  dangerous  Conse- 


213]  Church  and  State  in  Early  Maryland.  25 

quence  in  those  commonwealthes  where  it  hath  been  practised, 
And  for  the  more  quiett  and  peaceable  government  of  this 
Province,  and  the  better  to  pserve  mutuall  liove  and  amity 
amongst  the  Inhabitants  thereof  Be  it  Therefore  also  by  the 
Lo:  Proprietary  with  the  advise  and  consent  of  this  Assembly 
Ordeyned  &  enacted  (except  as  in  this  psent  Act  is  before 
Declared  and  sett  forth)  that  noe  person  or  psons  whatsoever 
within  this  Province,  or  the  Islands,  Ports,  Harbors,  Creekes, 
or  havens  thereunto  belonging  professing  to  believe  in 
Jesus  Christ,  shall  from  henceforth  bee  any  waies  troubled. 
Molested  or  discountenanced  for  or  in  respect  of  his  or  her 
religion  nor  in  the  free  exercise  thereof  within  this  Province 
or  the  Islands  thereunto  belonging  nor  any  way  compelled  to 
the  beliefe  or  exercise  of  any  other  Religion  against  his  or  her 
consent,  soe  as  they  be  not  unfaithfuU  to  the  Lord  Proprie- 
tary, or  molest  or  conspire  against  the  civill  Government 
established  or  to  bee  established  in  this  Province  under  him 
or  his  heires. 

"And  that  all  and  every  pson  and  psons  that  shall  presume 
Contrary  to  this  Act  and  the  true  intent  and  meaning  thereof 
directly  or  indirectly  either  in  pson  or  estate  willfully  to 
wrong  disturbe  trouble  or  molest  any  person  whatsoever  within 
this  Province  professing  to  believe  in  Jesus  Christ  for  or  in 
respect  of  his  or  her  religion  or  the  free  exercise  thereof  within 
this  Province  other  than  is  provided  for  in  this  Act  that 
such  pson  or  psons  soe  offending,  shalbe  compelled  to  pay 
trebble  damages  to  the  party  soe  wronged  or  molested,  and 
for  every  such  offence  shall  also  forfeit  20^  sterling  in  money 
or  the  value  thereof,  half  thereof  for  the  use  of  the  Lo: 
Proprietary,  and  his  heires  Lords  and  Proprietaries  of  this 
Province,  and  the  other  half  for  the  use  of  the  party  soe  wronged 
or  molested  as  aforesaid.  Or  if  the  ptie  soe  offending  as 
aforesaid  shall  refuse  or  bee  unable  to  recompense  the  party  soe 
wronged,  or  to  satisfy  such  fiyne  or  forfeiture,  then  such  Offender 
shalbe  severely  punished  bypublick  whipping  &  imprisonm* 
during  the  pleasure  of  the  Lord  Proprietary,  or  his  Leiuetenat 


26.  Church  and  State  in  Early  Maryland.  [214 

or  cheife  Governor  of  this  Province  for  the  tyme  being  with- 
out baile  or  maineprise." 

The  act  closes  with  provisions  for  carrying  it  out.  Like 
most  great  constitutional  documents,  this  act  is  not  absolute 
in  its  provisions.  The  toleration  which  it  grants  is  condi- 
tioned in  several  ways.  The  benefits  are  confined  to  those 
professing  to  believe  in  Jesus  Christ;  the  doctrine  of  the 
Trinity  rnust  not  be  denied  or  reviled,  on  penalty  of  death ; 
no  reproach  may  be  uttered  against  the  Virgin  Mary  or  the 
Evangelists ;  the  "  Sabbath  "  must  be  strictly  observed,  and, 
of  course,  no  religion  is  permitted  to  interfere  with  the  civil 
government. 

But  in  spite  of,  or  rather  perhaps  because  of,  these  limita- 
tions, the  act  concerning  religion  marked  a  long  step  forward. 
It  proved  practicable  and  worked  well.  Through  forty  years 
of  strain  and  stress  it  remained,  with  one  brief  intermission, 
the  constitutional  basis  of  religious  freedom.  This  is  not  the 
place  to  discuss  its  relation  to  any  ordinance  of  the  English 
Parliament  in  1645, 1647,  or  any  other  year,  nor  to  speculate 
upon  its  close  resemblance  to  portions  of  the  'Utopia.'  At 
that  time  the  idea  of  toleration  was  no  longer  private  prop- 
erty. From  the  days  of  the  new  learning  it  had  entered  the 
minds  of  many  noblemen,  and  the  attempt  to  trace  the  pro- 
visions of  this  act  to  any  English  precedent  would  be  specu- 
lation. 

Nor  is  it  possible  fully  to  determine  Baltimore's  share  in 
its  drafting.  That  many  of  the  acts  passed  at  this  and  the 
following  sessions  of  the  Assembly  were  at  least  based  on  a 
body  of  laws  sent  out  by  Baltimore  in  1648  for  the  approval 
of  the  colonists,  is  reasonably  certain.^  That  in  this  body  of 
laws  there  was  "provision  made  for  freedom  of  consciences,'' 
Baltimore  himself  states.^  But  how  far  the  act  as  passed  by 
the  Assembly  corresponded  with  the  provision  in  the  laws  sent 
out  by  Baltimore  cannot  definitely  be  determined.     Further, 

1  Johnson,  p.  113-126. 

'Johnson,  p.  135,  and  Archivesof  Md.,  Assembly  I.,  263. 


215]  Church  and  State  in  Early  Maryland.  27 

in  the  commission  accompanying  this  body  of  laws,  Baltimore 
says  that  they  were  "  proposed ''  to  him  for  the  good  and  quiet 
settlement  of  the  colony,  and  he  finding  them  "  very  fit  to  be 
enacted  as  laws,"  submitted  them  to  the  Assembly.^  It  would 
be  interesting  to  know  who  "proposed'^  them,  whether  it  was 
Baltimore's  friend,  the  Provincial,  Father  More,  as  has  been 
suggested  by  one  writer,^  or  the  Puritan  preacher.  Rev.  Thomas 
Harrison,  as  intimated  by  another,^  or  some  other  and  un- 
known person.  But  to  settle  this  point  the  evidence  is  again 
insufficient. 

Of  this  much,  however,  we  can  be  certain  :  first,  the  act 
was  essentially  in  harmony  with  Baltimore's  policy  and  gave 
it  legal  power;  second,  it  was  the  formal  sanction  and  adop- 
tion of  that  policy  by  the  people  of  the  colony.  It  was  there- 
fore the  formal  culmination  at  once  of  the  policy  of  the 
Proprietary  and  of  the  legislation  of  the  colonists. 

5.  Much  energy  has  been  devoted  to  the  discussion  as  to 
whether  the  toleration  thus  established  in  Maryland  was  the 
work  of  Roman  Catholicism  or  of  Protestantism.  The 
discussion  has  turned  mainly  on  three  points  :  (a)  The  faith 
of  the  colonists  before  1649 ;  (b)  the  faith  of  the  Assembly 
of  1649 ;  (c)  the  motive  of  Baltimore's  policy.  And  although 
from  a  constitutional  standpoint  the  question  is  of  small 
importance,  yet  it  has  been  so  much  debated  that  it  may  be 
well  to  say  a  few  words  about  it  here. 

(a)  As  to  the  faith  of  the  colonists  before  1649,  the  testi- 
mony is  as  follows : 

The  Provincial  Father  More  writes  in  1642,  "  the  affair 
was  surrounded  with  many  and  great  difficulties,  for  in 
leading  the  colony  to  Maryland,  by  far  the  greater  part  were 
heretics."^ 

Father  White  writes  in  1641,  "three  parts  of  the  people 
in  four  at  least  are  heretics.'^^ 

^Johnson,  p.  116. 

*  Johnson,  p.  133-4. 

^  Neill :  Maryland  not  a  Catholic  Colony,  p.  10. 
^Johnson,  p.  33. 

*  Johnson,  p.  32. 


'tjHIVBHSIT" 


£4 


28  Church  and  State  in  Early  Maryland.  [216 

Governor  Winthrop,  in  1634,  writing  in  his  journal  the 
report  of  the  Maryland  settlers  which  was  brought  by  a  vessel 
on  its  return  from  Bermuda,  says  :  '^  and  those  who  came 
over  were,  many  of  them.  Papists,  and  did  set  up  mass 
openly/'^ 

In  a  passage  already  mentioned  in  'Leah  and  Rachel,'  a 
pamphlet  published  in  1656,  Mr.  Hammond  describes  the 
coming  to  Maryland  of  Virginia  Puritans,  and  the  Assembly 
of  1649,  held  after  their  arrival,  and  says:  "An  Assembly 
was  called  throughout  the  whole  country  after  their  coming 
over  (consisting  as  well  of  themselves  as  the  rest),  and 
because  there  were  some  few  Papists  that  first  inhabited  there 
themselves,  and  others  being  of  different  judgments,  an  act 
passed,'^  etc. 

In  1700  it  was  the  testimony  of  old  settlers  that  "  some, 
though  but  few.  Papists  were  at  the  first  seating.'^ 

Governor  Sharpe  writes  in  1758  :  "  It  might,  perhaps,  be 
unknown,  if  not  to  the  authors,  at  least  to  some  of  the 
propagators  of  the  above-mentioned  report,  that  the  people 
who  first  settled  in  this  province  were,  for  the  most  part, 
Roman  Catholics,  and  that,  though  every  other  sect  was 
tolerated,  a  majority  of  the  inhabitants  continued  Papists  till 
the  revolution. ''- 

Chalmers  says  in  the  'Annals':  "The  first  emigration, 
consisting  of  about  two  hundred  gentlemen  of  considerable 
fortune  and  rank,  with  their  adherents,  who  were  composed 
chiefly  of  Roman  Catholics,  sailed  from  England,  in  Novem- 
ber, 1632.''=^ 

From  this  apparently  conflicting  testimony  we  turn  to  cir- 
cumstantial evidence.  Here  no  conclusion  can  be  drawn  a 
priori  as  to  who  would  take  advantage  of  the  refuge  offered 
in  Maryland,  for  others  besides  Roman  Catholics  failed  to 
find  in  England  the  religious  freedom  they  desired.     Nor  can 

1  Winthrop,  I.,  134. 

'^Sharpe  Oorrespoadeace,  II.,  315  (ia  Archives  of  Maryland). 

3 Chalmers:  Annals,  p.  207. 


217]  Church  and  State  in  Early  Maryland.  29 

any  just  inference  be  drawn  from  the  oath  administered  by 
the  'London  Searcher'  to  128  of  the  first  settlers  as  they 
were  about  to  sail  from  England,  for  that  oath  was  merely 
the  oath  of  allegiance,  as  the  '  Searcher '  himself  states  in  his 
official  report.^  This  might  readily  have  been  taken  by  any 
Catholic,  and  was  distinct  from  the  oath  of  Supremacy,  which 
no  true  Catholic  could  take,  as  may  be  seen  from  the  Massa- 
chusetts charter  of  1628,  which  grants  power  to  certain  officials 
"  to  administer  and  give  the  oath  and  oaths  of  supremacie 
and  allegiance  or  either  of  them,  to  all  and  every  person  and 
persons,' '  etc.^ 

To  infer  a  Protestant  majority  from  the  case  of  Ingle's 
rebellion  is  on  many  accounts  absurd.  It  is  also  impossible 
to  infer  tiie  religion  of  the  colonists  before  1649  from  the  pro- 
portion after  that  date,  because  after  1650  there  occurred 
large  accessions  of  Protestants. 

A  few  facts,  however,  are  reasonably  certain.  On  the  one 
hand,  Kent  Island  was  originally  settled  by  Protestants,  and 
a  considerable  number  of  Puritans  came  from  Virginia  before 
1649.  On  the  other  hand,  most  of  the  prominent  men  during 
the  early  years  of  the  colony  were  Catholics,  and  the  zeal  of 
the  Jesuits  made  many  converts.  Father  White  says  in  1638  : 
"  Of  the  Protestants  who  came  from  England  this  year,  almost 
all  have  been  converted  to  the  faith."  ^ 

To  sum  up,  the  evidence  is  not  of  such  a  character  as  to 
warrant  a  positive  decision  as  to  the  relative  numbers  of 
Protestants  and  Catholics  in  the  colony  before  1649,  but  after 
balancing  the  testiaiony  and  considering  the  indirect  evidence 
it  seems  probable  that  numerically  the  Protestants  were  in 
the  majority,  but  the  influence  and  power  of  the  Catholic 
minority  were  greater  than  their  numerical  proportion  would 
indicate. 

(6)  As  to  the  faith  of  the  members  of  the  Assembly  of  1649 

1  Scharf,  I.,  67. 

^  Lucas:  Charters,  etc.,  p.  43. 

^  Given  in  Neill :  Maryland  not  a  Catholic  Colony,  p.  3. 


30  Church  and  State  in  Early  Maryland.  [218 

.which  passed  the  Act  of  Toleration,  it  is  reasonably  certain 
that  the  Roman  Catholics  were  somewhat  in  the  majority.  But 
here  again  the  precise  proportion  is  uncertain.^ 

(c)  Touching  the  motive  which  lay  behind  Baltimore's 
policy  of  toleration,  little  need  be  said.  No  one  can  doubt 
the  sincerity  of  his  faith,  for  he  remained  a  Catholic  when  it 
was  notably  against  his  interests  to  do  so.  That  he  was  a 
statesman  and  diplomat  of  much  resource  and  ability  is  proved 
by  the  success  with  which  he  directed  his  course  during  the 
stormiest  and  most  intricate  period  of  English  history.  To 
his  interest  in  the  temporal  welfare  of  the  colony  the  inhab- 
itants themselves  testified  on  several  occasions.  But  neither 
sectarian  zeal  nor  mercenary  motives  seem  sufficient  to  account 
for  his  course.  His  firm  stand  in  favor  of  toleration,  main- 
tained with  consistency  and  impartiality  for  forty  years  against 
Jesuit  and  Puritan  alike,  seems  to  indicate  something  more 
and  better  than  a  wily  policy  which  uses  the  cloak  of  toler- 
ation to  protect  a  single  creed.  In  a  word,  the  only  probable 
explanation  of  his  policy  seems  to  be  found  in  that  policy.  It 
was  toleration  chiefly  for  the  sake  of  toleration. 

In  closing  this  second  main  division  of  the  subject,  the 
conclusions  reached  may  be  summarized  as  follows :  From 
the  beginning  Baltimore  intended  that  the  colonists  should 
enjoy  religious  freedom.  This  policy  he  maintained  by  pro- 
clamation and  oaths,  and  successfully  enforced  against  the 
claims  of  canon  law.  His  policy  was  gradually  sanctioned 
by  the  legislation  of  the  colonists,  and  both  his  policy  and 
their  legislation  culminated  in  the  Act  of  1649,  which  was  a 
measure  not  of  absolute  but  of  large  toleration. 

^  See  the  investigations  of  Mr.  Davis  in  his  *  Day  Star.' 


219]  Church  and  State  in  Early  Maryland,  31 

III. — THE  PEKIOD  FROM  THE  ACT  OF  1649  TO  THE 
PROTESTANT  REVOLUTION  OF  1689. 

In  treating  this  period  the  object  will  be  to  trace  the 
changes  that  took  place  in  the  policy  of  toleration  already 
established  and  to  examine  its  practical  working.  The  chief 
points  of  interest  will  be  the  fate  of  this  religious  freedom 
under  Puritan  control  from  1654  to  1666,  the  status  of  Jews 
and  Quakers,  and  the  effort  made  about  1676  to  establish  the 
Church  of  England. 

1.  Religious  Freedom  under  Puritan  Government  (1654-6). 

It  is  needless  to  trace  here  in  detail  the  events  that  placed 
the  government  of  Maryland  in  Puritan  hands.  No  attempt 
will  be  made  to  determine  the  right  or  the  wrong  of  what 
has,  perhaps  rightly,  been  called  the  Puritan  Rebellion. 
With  political  events  as  such  this  paper  is  not  concerned. 
For  our  purpose  it  is  sufficient  to  notice  that  this  revolution 
in  the  government  was  caused,  not  by  religious  oppression, 
which  under  the  circumstances  would  have  been  absurdly 
impolitic,  and  is  sufficiently  disproved  by  the  previous  policy 
of  the  government  and  by  the  statement  of  a  number  of  Prot- 
estants in  the  Protestant  Declaration  of  1650,^  but  by  the 
following  three  things : 

1.  The  intolerant  spirit  of  the  growing  Puritan  element  in 
the  colony,  "  while  joyfully  accepting  freedom  of  worship  for 
themselves,  they  overlooked  the  fact  that  their  neighbors,  of 
a  different  way  of  thinking,  had  freedom  of  worship  also."^ 
They  had  "  scruples  of  conscience  "  about  a  variety  of  things. 
"  The  fact,  also,  that  the  government  which  they  had  agreed 
to  support  was  bound  not  to  molest  Roman  Catholics, 
caused  them  many  searchings  of  heart  lest  they  should  be 
incurring  the  guilt  of  permission."^ 

2.  The  contemporary  events  of  the  Puritan  Revolution  in 

^ Given  in  Scharf,  I.,  181. 

2  Browne  :  George  and  Cecilius  Calvert,  p.  139. 


32  Church  and  State  in  Early  Maryland,  [220 

England,  which  at  once  fired  their  discontented  and  intol- 
erant spirits,  and  by  impeding  the  Proprietary's  movements, 
gave  them  their  opportunity. 

3.  The  use  which  was  made  of  these  two  elements  of  dis- 
cord by  Claiborne  and  other  enemies  of  the  government. 

These  facts  are  so  generally  admitted  by  the  best  historians 
that  it  is  unnecessary  to  cite  the  evidence  in  proof  of  them. 

Turning  to  what  most  concerns  our  purpose,  the  legislation 
under  the  Puritan  government,  we  find  that  the  Assembly 
met  in  October,  1654;  that  from  it  were  excluded  all  such 
"  as  have  borne  Arnies  in  Warr  against  the  Parliament  or 
doe  profess  the  Roman  Catholic  Religion  ";^  that  it  repealed 
the  Act  of  1649^  and  substituted  the  following  Act  concefrning 
Religion  :^ 

"  It  is  Enacted  and  Declared  in  the  Name  of  his  Highness 
the  Lord  Protector  with  the  Consent  and  by  the  Authority 
of  the  present  Generall  Assembly  that  none  who  profess  and 
Exercise  the  Popish  Religion  Commonly  known  by  the  Name 
of  the  Roman  Catholick  Religion  can  be  protected  in  this 
Province  by  the  Lawes  of  England  formerly  Established  and 
yet  unrepealed  nor  by  the  Government  of  the  Commonwealth 
of  England  Scotland  and  Ireland  and  the  Dominions  there- 
unto belonging  Published  by  his  Highness  the  Lord  protector 
but  are  to  be  restrained  from  the  Exercise  thereof,  Therefore, 
all  and  Every  person  or  persons  Concerned  in  the  Law  afore- 
said are  required  to  take  notice. 

"  Such  as  profess  faith  in  God  by  Jesus  Christ  (though 
Differing  in  Judgment  from  the  Doctrine  worship  &  Dis- 
cipline publickly  held  forth  shall  nofc  be  restrained  from  but 
shall  be  protected  in  the  profession  of  the  faith)  &  Exercise 
of  their  Religion  so  as  they  abuse  not  this  Liberty  to  the 
injury  of  others.  The  Disturbance  of  the  publique  peace  on 
their  part.  Provided  that  this  Liberty  be  not  Extended  to 

^  Archives,  Council  I.,  313. 
^^  Archives,  Assembly  I.,  351. 
8  Archives,  Assembly  I.,  340-1. 


221]  Church  and  State  in  Early  Maryland.  33 

popery  or  prelacy  nor  to  such  as  under  the  profession  of 
Christ  hold  forth  and  practice  Licentiousness." 

Comparing  this  with  the  Act  of  1649,  the  most  striking 
difference  is  that,  whereas  the  earlier  act  gave  religious  free- 
dom to  all  professing  to  believe  in  Jesus  Christ,  this  one 
expressly  prohibits  the  exercise  of  the  Roman  Catholic 
religion.  On  the  other  hand,  this  act  altogether  omits  the 
extreme  provisions  of  the  other  with  regard  to  blasphemy 
and  reproaches  uttered  against  the  Virgin  or  the  Evangelists, 
as  also  those  touching  recriminations  and  the  observance  of 
the  Sabbath.  Swearing  is  treated,  according  to  the  early 
custom  of  the  colony,  as  disorderly  conduct  and  is  provided 
against  in  a  separate  and  moderate  act.^  The  observance  of 
the  "Sabbath  "  is  also  provided  for  in  a  separate  act  as  strict 
as  the  provisions  of  the  act  of  1649:  "Noe  work  shall  be 
done  on  the  Sabbath  day  but  that  which  is  of  Necessity  and 
Charity  to  be  done  no  Inordinate  Recreations  as  fowling, 
fishing,  hunting  or  other,  no  shouting  of  Gunns  be  used 
on  that  day  Except  in  Case  of  Necessity/'^ 

On  the  whole,  the  act  of  1654  is  the  same  as  that  of  1649 
with  two  exceptions : 

1.  It  omits  the  harsh  provisions  against  blasphemy. 

2.  It  excludes  Catholics  from  its  protection. 

Both  acts  provide  that  religious  liberty  shall  not  infringe 
upon  the  rights  of  the  civil  government. 

After  a  series  of  events  which  concern  only  the  political 
history  of  the  colony,  Baltimore,  on  November  30,  1657, 
regained  possession  of  the  government,  and  the  former  regime 
was  restored.  Foreseeing  his  restoration,  he  had  on  October 
23,  1656,  ordered  the  act  of  1649  to  be  again  observed;^  and 
in  the  articles  of  settlement  of  November  30,  1657,  occurs 
the  provision  (of  which  the   revolutionists  were  now  glad 

^Archives,  Assembly  I.,  343. 
'  Archives,  Assembly  I. ,  343. 
^  Archives  of  Md.,  Council  I.,  325. 


34  Church  and  State  in  Early  Maryland.  [222 

enough  to  avail  themselves)  that  he  should  never  consent  to 
its  repeal.^ 

Thus  the  period  of  Puritan  control  passed  away  without 
leaving  any  formal  change  in  the  relation  of  State  to  Church. 
But  in  less  tangible  ways  its  effects  survived.  No  repeal  of 
laws  can  do  away  with  the  bitter  feelings  that  arise  in  a  civil 
war,  especially  if  the  parties  be  separated  by  religious  as  well 
as  political  differences.  And  the  result  of  the  strife  that 
attended  this  revolution  is  to  be  found  in  a  feeling  of  intoler- 
ance and  dissatisfaction,  which  may  be  traced  with  more  or 
less  clearness  down  to  the  Kevolution  of  1689. 

2.   The  Statics  of  Jews  and  Quakers. 

The  religious  liberty  granted  by  the  act  of  1649  was,  as 
has  been  said,  not  absolute.  It  was  limited  by  two  chief  con- 
ditions :  profession  of  the  Christian  religion  and  submission 
to  the  civil  government.  Nor  were  these  limitations  unim- 
portant. The  first  excluded  the  Jew,  and  the  second  bore 
heavily  upon  the  Quaker.  To  examine  the  status  of  these 
two  classes  is  to  trace,  then,  in  part  the  practical  operation  of 
the  act. 

There  seem  to  have  been  very  few  Jews  in  Maryland  dur- 
ing this  period,  and  the  case  of  Dr.  Lumbrozo  will  be  suffici- 
ent to  show  their  condition.  Mr.  Davis,  in  a  note  in  his  *  Day 
Star,'  thus  states  the  case :  "  In  the  text  I  have  referred  to 
Dr.  Lumbrozo,  the  well  known  Jew  (for  he  seems  to  have 
observed  no  secrecy),  who  lived  some  time  in  Maryland,  with- 
out rebuke  from  the  government,  in  the  usual  exercise  of  his 
calling,  and  of  the  right  to  institute  actions  in  the  civil  court. 
We  cannot  doubt  he  was  also  allowed  the  quiet  enjoyment 
of  his  religion.  But  he  was  accused  of  blasphemy,  and 
although  he  fortunately  escaped  a  trial,  in  consequence  of 
the  pardon  accompanying  the  proclamation  in  favor  of 
E-ichard,  the  son  of  the  Lord  Protector — a  proclamation  which 


Archives  of  Md.,  Council  I.,  334. 


223]  Church  and  State  in  Early  Maryland.  35 

was  issued  but  a  few  days  after  the  accusation — the  case  is 
one  which  was  instituted  under  the  act  of  1649/'  ^ 

The  case  of  the  Quakers  is  not  so  readily  disposed  of. 
Their  large  numbers  and  the  changes  which  their  status 
underwent  warrant  a  fuller  treatment.  We  shall  therefore 
state  the  early  policy  of  the  government  towards  them,  then 
say  a  few  words  as  to  its  significance,  and  finally  trace  its  later 
development.  The  Quakers  first  entered  Maryland  about 
1657.^  In  that  year  some  missionaries  came  from  Virginia 
and  rapidly  made  proselytes.  Thus  arose  a  sect  whose  reli- 
gious scruples  brought  them  into  conflict  with  the  civil  gov- 
ernment on  two  points  :  taking  oaths  and  bearing  arms.  Both 
these  things  were  vitally  connected  with  the  system  on  which 
the  government  was  administered,  and  the  law  was  accord- 
ingly enforced  against  them. '  In  the  first  year  (1658),  accord- 
ing to  Besse,  some  forty  persons  at  least  were  punished,  chiefly 
by  fines,  but  sometimes  by  whipping. 

As  to  the  significance  of  these  facts  several  things  are  to 
be  said. 

1.  The  rise  of  the  Quakers  was  so  sudden  and  their  tenets 
so  novel  that  they  were  not  fully  understood.  They  seemed 
merely  insolent  fellows  who  ^*at  the  Court,  in  contempt  of 
an  order  then  made  and  proclaimed,  would  presumptuously 
stand  covered,"  and  asserted  that  "  they  were  governed  by 
God's  lawe  and  the  light  within  them  and  not  by  man's 
lawe."* 

2.  Their  claims  to  exemption  from  military  duty  and  from 
the  customary  oaths  struck  squarely  at  what  were  considered 
two  essential  features  of  the  colonial  government. 

3.  To  allow  the  customary  oaths  to  be  omitted  by  jurymen 
or  in  testamentary  matters  would  have  been  a  dangerous 
innovation  on  English   Common  Law,  and  might  on  that 

^  Day  Star,  p.  65. 

*  See  J.  S.  Norris,  The  Early  Friends  in  Maryland. 
3  See  Archives  of  Md.,  Council  I.,  348-50,  352,  363,  and  the  cases  cited 
in  Besse,  Sufferings  of  the  Quakers,  II.,  378-80. 
^Archives,  Council  I.,  353. 


36  Church  and  State  in  Early  Maryland.  [224 

ground  have  been  construed  as  contrary  to  the  charter  and 
have  involved  the  Proprietary  in  complications  in  England. 

4.  As  the  Upper  House  said  in  1662/  the  omission  of  oaths 
would  have  rendered  "  all  Testimonyes  taken  in  this  Province 
invalid  in  any  court  in  England  or  other  plantations." 

But  what  could,  or  ought  to,  have  been  done  it  is  not  our 
duty  to  decide.  The  policy  that  was  adopted  by  the  govern- 
ment has  been  stated.  The  changes  that  took  place  in  this 
policy  must  now  be  traced.  The  Quakers  increased  rapidly 
in  numbers  and  influence.  Fox's  visit  to  Maryland  in  1672 
greatly  strengthened  them.^  Prominent  men  became  Quakers 
and  Quakers  became  prominent  men.^  As  they  increased 
in  influence  and  were  better  understood,  the  attitude  of  the 
government  toward  them  became  more  favorable.  Their  chief 
trouble  seems  to  have  arisen  from  the  necessity  of  taking 
oaths.  Several  attempts  were  made  to  substitute  "  Yea  "  and 
"Nay";  for  example,  in  1662,'*  in  1674,^  and  in  1681. «  These 
all  failed,  and  those  who  refused  the  oaths  were  fined.^ 

In  1688  Baltimore  issued  a  proclamation  dispensing  with 
oaths  in  testamentary  cases.^  This  gave  some  relief  and  was 
gratefully  acknowledged  by  the  Quakers.^  But  although  the 
fact  that  Thurston  was  excused  from  the  oath  of  fidelity  in 
1688  ^^  indicates  an  occasional  leniency  of  administration,  yet 
not  until  1702  was  an  act  passed  entirely  relieving  them  from 
all  necessity  of  taking  oaths. 

^  Archives,  Assembly  I. ,  437. 

2Fox,  Journal,  II.,  124. 

3  Day  Star,  77,  and  Norris,  p.  15. 

*  Archives  of  Maryland,  Assembly  I.,  436-7. 

6  Archives  of  Maryland,  Assembly  II.,  355-6,  424,  426,  428,  431-2,  and 
Norris,  p.  19  and  note. 

«  Archives  of  Maryland,  Assembly  III.,  174,  175,  179,  184-5,  and  Besse,, 
II.,  387. 

'Besse,  IL,387. 

8  Archives,  Council  III.,  57. 

9Besse,  II.,387. 

»o  Council  III.,  63. 


225]  Church  and  State  in  Early  Maryland.  37 

3.   The  Attempt  to  Establish  the  Church  of  England  (1676). 

In  examining  this  movement  we  shall  consider,  first,  its 
history ;  second,  its  results  ;  and  third,  the  state  of  religious 
freedom  in  the  colony  at  the  time. 

1.  The  movement  made  in  1676  to  introduce  an  established 
church  seems  not  to  have  been  the  first  of  its  kind  in  the 
history  of  Maryland. 

In  the  Colonial  Assembly  of  1661  there  had  been  introduced 
an  "  Act  for  Mayntenance  for  Ministers,'^  which  was  voted 
to  be  '^altogether  insufficient  and  short  of  the  thing  aymed 
att.''^ 

In  1666  a  motion  had  been  made  "  Concerning  the  settling 
of  ministers  in  every  County  of  this  Province,"  as  is  indicated 
by  the  following  entry  in  the  records  : 

"  A  Member  of  the  howse  informes  the  Speaker  that  Mr 
Bretton  Clerk  of  the  Assembly  did  reuyle  Mr  Rob*  Burle, 
calling  him  ffactious  fellow.  Vppon  a  Motion  wch  the  sd 
Burle  made  in  this  howse.  Concerning  the  settling  of  Minis- 
ters in  Every  County  of  this  Province.  The  wch  was  attested 
by  Mr  Willm  Coursey,  one  of  the  Members  of  this  howse. 

"Uppon  wch  Informaon  the  howse  tooke  itt  into  their 
Consideraon,  And  vppon  Mr.  Brettons  humble  submission  to 
the  howse,  &  tht  perticular  Member,  &  his  humble  request 
that  this  howse  would  please  att  this  time  to  remitt  the  sd 
oiFense.  The  wch  hee  hereby  acknowledges  hee  is  guilty  of. 
And  that  hee  did  not  speake  or  utter  those  words  out  of  any 
abusive  intent,  But  [occa]sioned  through  some  distemper  att 
that  [time]."'-^ 

Both  these  motions  seem  to  have  failed,  and  are  important 
only  as  forerunners  of  the  events  which  cluster  about  the 
year  1676.  To  these  we  now  pass.  On  May  25,  1676,  the 
Rev.  Mr.  Yeo,  a  clergyman  of  the  Church  of  England,  who 
resided  in  Maryland,  wrote  the  following  letter  to  the  Arch- 
bishop of  Canterbury : 

^Archives,  Assembly  I.,  404-6.  ^ 

^Archives,  Assembly  II.,  86. 


38  Church  and  State  in  Early  Maryland.  [226 

"  Most  Reverend  Father 

"  Pleased  to  Pardon  this  Presumption  of  mine  in  presenting 
to  Yo''  serious  view  these  Rude  &  indigested  lines  w^^  (with 
humble  Submission)  are  to  acquaint  Yo^  Grace  with  the 
Deplorable  estate  &  condition  of  the  Province  of  Maryland 
for  want  of  an  established  Ministry  here  are  in  this  Province 
tenn  or  twelve  Countys  &  in  them  at  least  twenty  thousand 
Soules  &  but  three  Protestant  ministers  of  us  th^  are  Conform- 
able to  the  Doctrine  &  Discipline  of  the  Church  of  England 
others  there  are  (I  must  confess)  tht  Runn  before  they  are 
Sent  &  Pretend  they  are  Ministers  of  the  Gospel  1  th*  never 
have  a  Legall  call  or  Ordination  to  such  an  holy  office,  neither 
(indeed)  are  they  qualified  for  it  being  fore  the  most  part  such 
as  never  understood  any  thing  of  learning  &  yet  take  upon 
them  to  be  Dispencers  of  the  word  &  to  Administer  Sacra- 
ment of  Baptisme  &  sow  seeds  of  Divission  amongst  the  Peo- 
ple &  noe  law  Provided  for  the  Suppression  of  such  in  this 
Province  soe  th*  here  is  a  great  Necessitie  of  able  &  learned 
men  to  confut  the  gaine  sayer  espetially  having  soe  many 
Profest  enemies  as  the  Popish  Priests  &  Jesuits  are,  who  are 
incoraged  &  Provided  for  &  the  Quaker  takes  care  &  pro- 
vides for  those  th*  are  Speakers  in  their  conventicles,  but  noe 
care  is  taken  or  Provision  made  for  the  building  up  Christ- 
ians in  the  Protestant  Religion  by  means  whereof  not  only 
many  Dayly  fall  away  either  to  Popery,  Quakerism  or  Phana- 
ticisme  but  alsoe  the  lords  day  is  prophaned.  Religion  despised, 
&  all  notorious  vices  committed  soe  th*  it  is  become  a  Sodom 
of  uncleaness  &  a  Pest  house  of  iniquity,  I  doubt  not  but  Yo*" 
Grace  will  take  it  into  Consideration  tfe  do  Yo""  utmost  for 
our  Eternall  welfare,  &  now  is  the  time  th*  Yo""  Grace  may 
be  an  instrument  of  a  universall  reformation  amongst  us  with 
greatest  facillity  Cacillius  Lord  barron  Baltimore,  &  absolut 
Proprietor  of  Maryland  being  dead  &  Charles  lord  Barron 
of  Baltimore  &  our  Governour  being  bound  for  England  this 
year  (as  I  am  informed)  to  Receive  a  farther  confirmation  of 
th*  Province  from  his  Majestic  at  w''^  time  I  Doubt  but  Yo'' 
Grace  may  soe  prevaile  with  him  as  th*  a  maintenance  for  a 


227]  Church  and  State  in  Early  Maryland.  39 

Protestant  ministry  may  be  established  as  well  in  this  Pro- 
vince as  in  Virginia,  Barbados  &  all  other  his  Majesties 
Plantations  in  west  indies  &  then  there  will  be  incoragement 
for  able  men  to  come  amongst  us,  &  th*  some  Person  may 
have  power  to  examine  all  such  Ministers  as  shall  be  admitted 
into  any  County  or  perish  in  w^  Diocis  &  by  w*  Bishop  they 
were  Ordained,  &  to  Exhibit  their  Irs  of  Orders  to  testify  the 
Same,  as  yet  I  think  the  Generallitie  of  the  people  may  be 
brought  by  Degrees  to  a  uniformitie.  Provided  we  have  more 
ministers  th*  were  truly  Conformable  to  our  mother  the 
Church  &  non  but  such  Suffer  to  preach  amongst  us,  as  for 
my  own  part  (God  is  my  witness)  I  have  done  my  utmost 
indeavour  in  order  there  unto,  &  shall  (by  God's  assistance) 
whiles  I  have  a  being  here  give  manifest  Proof  of  my  faith- 
full  Obedience  to  the  Canons  &  Constitutions  of  our  Sacred 
Mother,  Yet  one  thing  cannot  be  obtained  here  (viz)  Conse- 
cration of  Churches  &  Church  Yards  to  the  end  th*  Christ- 
ians might  be  Decently  buried  together,  whereas  now  they 
bury  in  the  several  Plantations  where  they  lived,  unless  Yo"" 
Grace  thought  it  Sufficient  to  give  a  Dispensation  to  some 
Pious  minister  (together  with  ther  maner  and  form)  to  do 
the  same,  &  ConjSdent  I  am  th*  you  will  not  be  wanting  in 
any  thing  th*  may  tend  most  to  God's  Glorie  &  the  goods  of  the 
Church  by  w®^  you  will  engage  thousands  of  Soules  to  pray 
for  Yo^  Graces  everlasting  happiness,  but  especially 
"  Yo'"  Most  Obedient  Son 
"Servt 

"  John  Yeo  "  ' 

The  Archbishop  undertook  the  task,  and  in  the  following 
letter  commissioned  the  Bishop  of  London  to  attend  to  the 
matter : 

"  From  the  Archbishop  of  Canterbury  to  the  Lord  London. 

Croydon,  August  2nd  1676. 
My  Lord,  The  inclosed  came  lately  unto  me,  and  from  a 

^ Archives,  Council  II.,  130-1. 


40  Church  and  State  in  Early  Maryland,  [228 

person  altogether  unknown.  The  design  therein  proposed, 
seem's  very  honest  and  is  in  itself  so  laudable  that  I  conceive 
it  concern's  us  by  all  means  to  promote  it :  If  your  Lordship 
shall  please  to  remember  it,  when  the  Lord  Baltamores  affaires 
comes  to  be  considered  of  at  the  Council  Table,  I  make  no 
question  but  there  may  be  a  convenient  opportunity  to  obtain 
some  settled  revenue  for  the  Ministry  of  that  place  as  well  as 
the  other  plantations ;  when  that  is  once  done,  it  will  be  no 
difficult  matter  for  us  to  supply  them  with  such  as  are  of  com- 
petent abilities  to  undertake  the  employment  and  withall  such 
as  we  know  to  be  both  regular  and  conformable.  I  bid  your 
Lordship  heartily  farewel  and  am  My  Lord  your  Lordships 
*'  Most  affect.  Friend  and  Brother 

"  Gilb  :  Cant :"  ^ 

Some  time  in  1676  there  was  addressed  to  the  king  a  curious 
and  extravagant  "  Complaint  from  Heaven  with  a  Hue  and 
Crye  and  a  petition  out  of  Virginia  and  Mary  land,''  in  which, 
among  other  requests,  is  the  following:  "That  Protestant 
Ministers  and  free  schools  and  glebe  lands  may  be  errected 
and  established  in  every  country,  notwithstanding  liberty  of 
conscience  and  maintained  by  the  people."  ^ 

The  Bishop  of  London  seems  to  have  executed  the  commis- 
sion of  the  Archbishop  of  Canterbury  and  to  have  presented 
Yeo's  letter  to  the  Committee  for  Trade  and  Plantations,  for 
on  the  records,  just  after  the  letter  from  the  Archbishop, 
appears  the  following  entry  :  "  Reed  from  the  Lord  London 
8.  August  1676.  With  a  letter  from  John  Yeo  Minister  in 
Maryland  to  the  Archbishop  of  Canterbury.  Read  the  19th 
of  July  1677."^ 

He  was  present  at  the  meeting  of  this  Committee  on  July 
19,  1677,  which  took  the  affair  into  consideration.  The  fol- 
lowing  extract  from  the  records   gives   their  proceedings : 

^Archives  of  Maryland,  Council  II.,  132. 
^Archives  of  Maryland,  Council  II.,  149. 
'Archives  of  Maryland,  Council  II.,  132. 


229]  Church  and  State  in  Early  Maryland.  41 

"There  is  read  a  letter  directed  to  the  Archbishop  of  Canter- 
bury from  a  Minister  of  Maryland  of  the  6*^  of  May  1676 
which  by  a  letter  from  his  Grace  had  been  transmitted  to  my 
Lord  BP  of  London  complaining  of  the  abuses  in  the  religion 
and  morality  of  the  inhabitants,  occasioned  by  the  discourage- 
ment of  the  Protestant  Ministry  and  want  of  provision  for 
such  as  are  conformable  to  the  Church  of  England  and  pray- 
ing that  care  bee  taken  for  the  establishing  and  settlement  of 
the  Orthodox  religion  as  in  other  parts  of  the  West  Indies. 
After  which  the  law  of  Maryland  concerning  Religion  per- 
mitting liberty  of  conscience  and  a  free  exercise  of  service  to 
all  persons  and  sects  professing  to  beleeve  in  Jesus  Christ. 
Whereupon  the  Lord  Baltemore  is  called  in  who  offers  a  paper 
declaring  the  present  state  of  the  Christian  Religion  in  Mary- 
land and  the  difficulty  to  establish  any  setled  maintenance  by 
law  for  the  Ministry  of  the  Church  of  England  there  being  so 
few  of  that  perswasion,  among  soe  great  numbers  of  other 
sectaries.  Which  being  read  their  Lordships  take  notice  of 
the  fitness  that  a  setled  maintenance  bee  provided  by  an  Act  of 
the  Country  for  a  sufficient  number  of  Orthodox  Ministers, 
to  which  my  Lord  Baltimore  seemed  to  consent  and  then 
withdrew. 

"  Their  Lordships  doe  therefore  agree  to  write  a  letter  to 
my  Lord  Baltemore  taking  notice  of  the  scandalous  way  of 
living  and  desiring  his  Lordship  to  give  orders  that  either 
those  Laws  now  in  force  be  put  in  execution  or  that  if  they 
be  not  sufficient  to  restrain  it  other  Laws  may  bee  enacted  to 
that  purpose. 

"  And  whereas  there  is  at  present  noe  setled  allowance  for 
Orthodox  Ministry  their  Lord^^  will  desire  that  Inquiry 
bee  made  what  number  of  Protestants  that  conforme  to  the 
Church  of  England  there  is  at  present  in  his  Lord^^  Prov- 
ince and  what  allowance  they  would  agree  to  settle  in  the 
several  Precincts  for  the  encouragement  of  learned  Ministers 
and  that  endeavour e  bee  made  to  ascertaine  by  a  law  of  the 
Country,  a  sufficient  salary  for  their  subsistence. 


42  Church  and  State  in  Early  Maryland.  [230 

"  That  an  account  be  returned  from  those  parts  of  the 
present  number  of  Protestant  families  and  congregations  of 
the  Ministers  now  settled  there  what  allowances  they  enjoy 
and  how  many  others  are  wanting  for  the  supply  of  the  whole 
Colony.  That  their  Lord^^  bee  informed  of  the  state  of  the 
several  religions  dissenting  from  the  Charch  of  England  in 
relation  to  the  number  of  their  adherents,  teachers,  settlement 
or  provision  made  for  their  maintenance  And  in  general  of 
the  number  condition  and  perswasions  of  all  Planters.  Which 
account  the  Lord  Baltemore  is  to  require  from  his  Deputy 
Governor  and  Council  and  to  return  it  to  their  Lordships 
with  all  possible  speed.  Mem^"'  Their  Lo^'  think  fit  that 
when  allowances  are  settled  by  law  in  Maryland  and  oth^r 
parts  according  to  theabilityes  of  the  inhabitants  some  meanes 
bee  found  out  here  for  the  charitable  supply  of  what  shall  be 
wanting  for  the  subsistence  of  the  Ministers.  As  alsoe  the 
several  Governors  are  to  find  out  some  farther  encourage- 
ment for  them  when  they  have  been  there  some  time  either 
by  assigning  them  lands  or  otherwise."  ^ 

The  paper  in  which  Baltimore  explained  the  state  of  relig- 
ious affairs  in  the  province  is  as  follows  :  "  Whereupon  the 
Lord  Baltemore  presents  a  Paper  setting  forth  the  Present 
State  of  Religion  in  Maryland,  viz  :  That  for  the  encourage- 
ment of  all  such  persons  as  were  desirous  and  willing  to 
adventure  and  transport  themselves  &  families  into  the  Prov- 
ince of  Maryland  a  law  there  made  by  the  advice  and  consent 
of  the  Delegates  of  the  Freemen  concerning  Religion,  wherein 
a  toleration  is  given  to  all  persons  beleeving  in  Jesus  Christ 
freely  to  exercise  their  Religion  &  that  no  person  of  what 
judgement  soever,  beleeving  as  aforesaid  should  at  any  time 
be  molested  or  discountenanced  for  or  in  respect  of  his 
Religion  or  in  the  free  exercise  thereof  and  that  noe  one 
should  be  compelled  to  the  beliefe  or  exercise  of  any  other 
against  his  consent.  Upon  this  Act  the  greatest  part  of  the 
people  and  Inhabitants  now  in  Maryland  have  settled  them- 

^ Archives  of  Maryland,  Council  II.,  261-2. 


231]  Church  and  State  in  Early  Maryland.  43 

selves  &  families  there  &  for  these  many  years  this  tolera- 
tion &  liberty  has  been  known  and  continued  in  the  Govern- 
ment of  that  Province. 

"  That  those  Persons  of  the  Church  of  England  there  who 
at  any  time  have  encouraged  any  Ministers  to  come  over  unto 
that  Province  have  had  several  sent  unto  them  as  at  this  time 
there  are  residing  there  foure  that  the  L^  Baltemore  knows 
of  who  have  Plantations  &  settled  beings  of  their  owne  and 
those  that  have  not  any  such  beings  are  maintained  by  a 
voluntary  contribution  of  their  own  persuasion,  as  others  of 
the  Presbiterians,  Independents,  Anabaptists,  Quakers  & 
Romish  Church  are. 

"  That  in  every  Country  in  the  Province  of  Maryland  there 
are  a  sufficient  number  of  Churches  and  Houses  called  Meet- 
ing Houses  for  the  people  there  and  these  have  been  built 
and  are  still  kept  in  good  repaire  by  a  free  and  voluntary 
contribution  of  all  such  as  frequent  the  said  Churches  and 
Meeting  Houses. 

"  That  the  Laws  of  that  Province  have  been  ever  made  by 
the  advice  and  consent  of  the  Freemen  by  their  Delegates 
assembled  as  well  as  by  the  Proprietor  and  his  Council  and 
without  the  consent  of  all  these  no  Law  there  has  been  made. 

"The  greatest  part  of  the  inhabitants  of  that  Province 
(three  of  four  at  least)  doe  consist  of  Proesbiterians,  Indepen- 
dents, Anabaptists  and  Quakers,  those  of  the  Church  of  Eng- 
land as  well  as  those  of  the  Romish  being  the  fewest,  so  that 
it  will  be  a  most  difficult  task  to  draw  such  persons  to  con- 
sent unto  a  Law,  which  shall  compel  them  to  maintain 
Ministers  of  a  contrary  persuasion  to  themselves,  they  having 
already  an  assurance  by  that  Act  for  Religion  that  they  have 
all  freedom  in  point  of  Religion  and  Divine  Worship  and  noe 
penalties  or  payments  imposed  upon  them  in  that  particular. 
That  in  Carolina,  New  Jersey  and  Roade  Island,  the  inhab- 
itants for  the  peopling  of  those  places  have  had  and  still  have 
the  same  toleration  that  those  in  Maryland  have."  ^ 

^Archives  of  Maryland,  Council  II.,  133-4. 


44  Church  and  State  in  Early  Maryland.  [232 

The  final  action  of  the  Committee  is  somewhat  more  fully 
stated  in  the  following  extract  from  the  letter  which  they  wrote 
to  Baltimore :  "  Wee  are  likewise  informed  of  another  par- 
ticular from  whenever  Wee  have  reason  to  beleeve,  that  this 
disorderly  &  wicked  kind  of  living  of  the  Inhabitants  proceeds 
in  a  great  measure ;  w*^^  is  that  there  is  no  custom  establisht 
allowance  for  the  Ministers  of  the  Gospell  whereby  able,  Sober 
&  Learned  men  might  be  invited  to  go  over  to  instruct  them, 
&  especially  in  the  Protestant  E-eligion  according  to  the 
Church  of  England,  w^^  is  the  cause  that  there  is  a  great 
want  of  able  Ministers  there.  As  Wee  know  how  fit  &  nec- 
essary it  is  to  have  that  want  supplyed,  as  Wee  likewise 
think  it  very  convenient  that  it  should  be  done  without 
Imposing  any  burden  upon  the  Inhabitants  other  than  that 
they  are  willing  freely  to  Settle  for  the  Support  of  their 
Ministers.  In  order  whereunto  Wee  desire  that  your  Lo^ 
will  write  to  the  Governour  and  Councell  of  Maryland,  to  send 
over  an  acco*  hither  w*^  as  much  speed  as  may  bee ;  How 
many  Ministers  of  the  Protestant  Religion  according  to  the 
Church  of  England  are  now  w^Hn  the  s*^  Plantacon  &  what 
Settlements  and  allowances  they  respectively  have ;  And  to 
the  end  they  may  be  Supplyed  w*^  Ministers  where  they  are 
wanted  Wee  desire  yo'"  Lo^  to  direct  the  s^  Govern^  & 
Councell  to  take  an  acco*  of  all  the  Protestant  Families  there 
&  the  value  of  their  respective  plantacons,  &  then  considering 
their  Situations  in  respect  of  distance  one  from  the  other  to 
see  how  many  Congregations  they  may  make  up,  that  so  they 
may  be  accordingly  Supplyed  w*^  Ministers,  And  this  being 
done  Wee  desire  your  Lo^  to  give  direction  to  the  s^  Govern'' 
<&  Councell  to  enquire  what  each  respective  Congregation 
will  be  freely  willing  to  Settle  for  the  Maintenance  of  an  able 
Minister,  And  when  the  s*^  persons  shall  have  agreed  upon 
such  Certain  allowances  as  afores^,  that  then  upon  the  desire 
of  the  8*^  persons  s^  Govern''  &  Councell  doe  endeavour  to 
have  the  same  Enacted  into  a  Law  as  is  practised  in  other  his 
Ma"  platacons.     And  of  this  whole  matter  wee  desire  to 


233]  Church  and  State  in  Early  Maryland.  45 

have  an  account  w^^  as  much  speed  as  conveniently  may 
be."^ 

In  compliance  with  the  requests  contained  both  in  this 
letter  and  in  a  sort  of  circular  letter  previously  sent  him,^ 
Baltimore  replied^  on  March  26,  1678,  that  there  were  no 
parishes  in  Maryland,  that  it  was  impossible  to  say  precisely 
what  were  the  relative  proportions  of  the  religious  sects,  and 
that  if  he  should  order  an  investigation  it  would  disturb  the 
peace  of  the  province,  which  regarded  religious  freedom  as 
one  of  its  most  cherished  rights. 

2.  The  formal  result  of  the  whole  movement  is  contained 
in  the  action  of  the  Committee  for  Trade  and  Plantations, 
who  seem,  from  the  extracts  above  quoted,  to  have  recom- 
mended a  limited  establishment  of  the  Church  of  England, 
including  only  those  colonists  who  were  members  of  that 
church  and  supported  by  them  alone.  This  support  was  to 
be  assumed  voluntarily  ;  but,  once  assumed,  the  government 
was  to  see  to  it  that  it  became  incorporated  into  the  law  of 
the  colony. 

Precisely  what  force  this  action  had  it  is  difficult  to  say. 
Its  language  is  that  rather  of  recommendation  than  of  com- 
mand, and  such  Baltimore  seems  to  have  considered  it,  for 
no  steps  were  taken  towards  the  introduction  of  any  system 
of  establishment. 

So  far,  then,  as  concerns  tangible  results,  this  attempt  was 
a  failure.  But  it  was  not  the  first  or  the  last  of  its  kind.  It 
was  part  of  an  historical  movement,  whose  growth  it  shows, 
and  formed  a  precedent  for  a  later  attempt  which  succeeded. 

3.  The  events  and  documents  of  this  period  furnish  some 
slight  but  interesting  information  as  to  the  actual  extent  of 
toleration  in  the  colony. 

Baltimore's  two  letters  above  quoted  state  that  no  church 
is  supported  by  the  government,  but  all  depend  on  voluntary 

^Archives  of  Maryland,  Council  II.,  253. 
^Archives  of  Maryland,  II.,  129-30. 
'Archives  of  Maryland,  Council  II.,  264-9. 


46  Church  and  State  in  Early  Maryland.  [234 

contributions  (a  statement  which  is  confirmed  by  Yeo's  letter), 
and  that  the  right  to  religious  freedom  is  jealously  guarded 
by  the  inhabitants,  who  consist  of  Presbyterians,  Independ- 
ents, Anabaptists,  Quakers,  Members  of  the  Church  of  Eng- 
land, and  Roman  Catholics,  the  last  two  classes  being  the 
smallest  in  numbers.  While  taking  a  firm  stand  against 
establishment  in  any  form,  Baltimore  seems  to  have  welcomed 
and  in  other  respects  to  have  assisted  the  clergymen  of  the 
Church  of  England.  In  1681  Ambrose  Sanderson  was  recom- 
mended ^  to  him  by  the  Council  as  a  suitable  person  to  give 
instruction  to  the  Protestants  in  the  colony.  Upon  a  similar 
endorsement  by  the  Bishop  of  London,  in  1685  he  recom- 
mended ^  Paul  Bertrand  to  the  government  in  Maryland.  In 
1685  he  similarly  recommended  ^  Mr.  Willymot. 

In  connection  with  these  facts  should  be  noted  the  follow- 
ing assertion  of  partiality  to  Roman  Catholics  :  "  Letter  from 
the  Councill  to  the  Lord  Baltimore  about  partiality  to  Papists 
in  Maryland. 

12th  October  1681 

After  Our  hearty  Commendacon  to  your  Lordship,  Infor- 
mation having  been  given  unto  Us,  That  there  are  very  few 
of  his  Ma*^^^  Protestant  Subjects  admitted  to  be  of  the  Coun- 
cill of  the  Colony  of  Maryland,  and  that  there  is  partiallity  and 
favour  shewed  on  all  occasions  towards  those  of  the  Popish 
Religion  to  the  discouragement  of  his  Maj"^''  Protestant 
Subjects  which  We  hope  may  proceed  from  misrepresentacon 
yett  Wee  cannot  but  take  notice  thereof  unto  your  Lordship 
praying  and  requiring  you  to  cause  the  same  if  true  to  be 
speedily  redressed,  and  that  in  the  distribution  of  the  Armes 
and  Ammunition  (which  at  the  request  of  your  agent  Nicholas 
Lowe  Merchant,  Wee  have  permitted  to  be  transported 
for  the  Defence  of  that  place)  your  Lordship  do  express  your 
trust  and  confidence  in  His  Maj^^®^  Protestant  Subjects  by 

^Archives  of  Maryland,  Council  II. ,  300. 
^Archives  of  Maryland,  Council  II.,  461. 
^Archives  of  Maryland,  Council  II.,  466-7. 


235]  Church  and  State  in  Early  Maryland,  47 

putting  the  said  Armes  into  their  hands.  And  so  being  con- 
fident of  your  readiness  to  answer  our  expectation  in  these 
particulars  Wee  bid  your  Lordship  heartily  farewell  &c. 

"  Signed,"  etc.^ 

An  investigation  revealed  the  falsity  of  the  charge  in 
respect  to  the  distribution  of  offices  and  arms.  The  facts  are 
still  preserved^  and  leave  no  room  for  doubt.  The  general 
charge  of  discrimination  against  Protestants  is  at  least  ren- 
dered improbable  by  the  declaration  drawn  up  by  Baltimore^ 
and  signed  by  a  number  of  the  prominent  colonists  who  were 
members  of  the  Church  of  England.  This  declaration,  after 
mentioning  the  charge  of  partiality,  says  : 

"  We,  therefore  the  subscribers  professing  the  Gospell  of 
Jesus  Christ  according  to  the  Litturgy  of  the  Church  of 
England  and  Protestants  against  the  Doctrine  and  Practice 
of  the  Church  of  rome.  Subjects  also  to  his  Majestic  the  King 
of  Great  Brittain  &c.,  and  residents  as  aforesaid,  esteeming 
ourselves  (as  indeed  we  are)  everyone  therein  particularly 
&  nearly  concerned,  hold  ourselves  in  conscience  and  duty 
obliged  by  this  our  impartial,  true  and  sincere  remonstrance 
or  Declaration  to  unfold  the  naked  truth  and  to  undeceive  the 
minds  of  those  before  whose  eyes  the  mist  may  have  been 
against  cast,  and  to  purge  his  Lordship  &  this  Government, 
whereof  we  are,  from  all  those  false,  scandalous  and  malicious 
aspertions,  which  the  venemous  blasts  of  such  inveterate, 
malignant,  turbulent  spirits  have  cast  thereon.  And  there- 
fore in  the  first  place,  we  doe  hereby  unanimously  acknowledge 
&  publish  to  the  world  the  general  freedom  &  privi ledge 
which  we  and  all  persons  whatsoever  Inhabitants  of  this 
Province,  of  what  condicion  soever,  doe  enjoy  in  our  lives, 
liberties  and  estates  under  this  His  Lordship^s  Government 
according  to  the  grand  priviledges  of  Magna  Charta,  as  effec- 
tually and  in  as  full  &  ample   manner  to   all  intents  and 

'Archives  of  Maryland,  Council  II.,  800-1. 
2 Archives  of  Maryland,  Council  II.,  309-10. 
^Archives  of  Maryland,  Assembly  III.,  314. 


48  Church  and  State  in  Early  Maryland.  [236 

purposes,  as  any  of  his  Majesties  Subjects  within  any  part 
of  His  Majesties  dominions  whatsoever  with  the  free  &> 
public  exercise  &  enjoyment  of  our  religion  whatsoever  it 
be,  whether  Protestant  or  other  professing  the  name  of  Jesus, 
according  to  an  Act  of  Assembly  of  this  Province  in  that  case 
made  out  &  provided,  and  to  which  we  and  the  whole  Prov- 
ince in  general  either  by  ourselves  or  our  representatives  in 
a  Generall  Assembly  have  given  our  assent.  We  doe  also 
declare  and  make  known  that  besides  our  owne  experience 
we  have  observed  his  Lordshipp's  favours  impartially  dis- 
tributed, and  Places  of  Honor,  trust  and  profit  conferred  on 
the  most  qualified  for  that  purpose  and  service,  without  any 
respect  or  regard  had  to  the  religion  of  the  participants,  of 
which  generally  and  for  the  most  part  it  hath  so  happened 
that  the  Protestants  have  been  the  greatest  number,"  etc.^ 

On  the  whole,  it  seems  probable  that  these  charges  origin- 
ated, as  Baltimore  claimed,^  in  the  really  mild  measures 
which  had  been  adopted  to  put  down  the  rebellion  of  Fendall 
and  Coode.  Our  conclusion  with  regard  to  this  period  may 
be  summarized  as  follows :  Puritan  control  left  no  per- 
manent constitutional  results.  Under  it  the  toleration  previ- 
ously established  was  so  restricted  as  to  exclude  Roman 
Catholics.  When  the  government  ceased  to  be  exclusively 
in  Puritan  hands  the  old  policy  was  restored.  Under  it  Jews 
had  no  religious  rights  and  lived  in  peace  only  so  long  as 
their  belief  was  overlooked,  and  Quakers  were  punished  for 
resisting  the  civil  government  by  refusing  to  take  oaths  and 
bear  arms.  The  status  of  the  Jew  remained  practically  the 
same,  but  that  of  the  Quaker  gradually  improved  until  in 
1702  he  was  entirely  relieved  from  all  oaths.  The  attempt 
to  establish  the  Church  of  England  in  1676  failed,  but  gave 
another  precedent  for  the  movement  which  later  succeeded. 
From  the  Puritan  revolution  of  1654  to  the  Protestant 
revolution  of  1689  religious  toleration  was  the  policy  of  the 

'Archives  of  Maryland,  Council  II.,  353-4. 
^Archives  of  Maryland,  Council  II.,  312. 


237]  Church  and  State  in  Early  Maryland.  49 

government  and  seems  in  the  main  to  have  been  impartially 
administered. 

rV. ^THE   PROTESTANT   REVOLUTION   OF    1689   AND   THE 

ESTABLISHMENT   OF   THE   CHURCH   OF   ENGLAND. 

To  discuss  the  political  history  of  this  revolution  is  not  our 
task.  No  attempt  will  be  made  to  determine  how  largely  it 
was  an  echo  of  contemporary  events  in  England  and  how 
largely  it  was  an  independent  movement  arising  from  local 
causes.  From  our  standpoint  it  is  interesting  for  two  reasons 
only :  first,  because  during  its  course  charges  were  brought 
of  intolerance  on  the  part  of  the  Maryland  government ; 
second,  because  it  led  to  the  establishment  of  the  Church  of 
England.  But  even  the  first  of  these  two  points  cannot  here 
be  discussed  in  detail.  The  records  contain  many  charges  of 
intolerance  on  the  part  of  Catholics  and  Protestants,  and  also 
many  denials  ;  and  to  both  are  attached  long  lists  of  attestors' 
names.  But  these  statements  are  so  colored  by  passion  that 
no  positive  conclusion  can  be  drawn  from  them.  Careful 
investigation  of  their  truth  would,  in  the  present  incomplete 
state  of  the  records,  necessitate  too  lengthy  a  balancing  of 
evidence  and  would  yield  too  indefinite  a  result  to  be 
attempted  here.  So  far  as  these  charges  touch  earlier  periods, 
the  facts  have  already  been  stated.  So  far  as  they  concern 
the  time  of  the  revolution,  they  are  for  that  very  reason  com- 
paratively unimportant,  for  the  administration  of  a  policy 
during  its  own  death  struggle  is  uot  of  scientific  importance. 

With  regard  to  the  second  point  mentioned,  namely,  the 
establishment  of  the  Church  of  England,  not  much  needs  to  be 
said.  The  revolution  put  the  government  exclusively  in  the 
hands  of  the  Protestants.  At  their  request  the  Crown  took 
charge  of  the  province  and  sent  out  .a  royal  governor,  who 
upon  his  arrival  summoned  an  Assembly.  The  second  act^ 
passed  by  this  Assembly  established  the  Church  of  England  in 

^  See  Manuscript  Records,  Liber  L.  L.  No.  L,  p.  2  sq. 


50  Church  and  State  in  Early  Maryland.  [238 

the  province.  It  was  passed  June  2,  1692.  By  it  there 
was  "  provision  made  for  dividing  all  the  counties  into  par- 
ishes, and  the  election  of  vestrymen  for  each,  for  the  conser- 
vation of  the  church  interests ;  and  a  poll  tax  of  forty  pounds 
of  tobacco  imposed  upon  every  taxable  of  the  province,  to 
build  churches  and  sustain  their  ministers.  Thus  was  intro- 
duced, for  the  first  time  in  Maryland,  a  church  establishment, 
sustained  by  law  and  fed  by  general  taxation."  ^ 

With  this  event  our  task  ends.  We  have  examined  the 
relation  of  Church  and  State  from  the  founding  of  the  colony 
to  1692,  and  have  found  that  religious  freedom  arose  not 
from  the  charter  but  from  the  policy  of  the  Proprietary, 
Cecilius  Calvert,  and  from  the  cooperation  of  the  colonial 
government  and  of  the  colonists  themselves ;  that  it  culmin- 
ated in  the  act  of  1649,  which  granted,  not  absolute,  but  large 
toleration ;  that  this  policy  was  restricted  during  the  period 
of  Puritan  control,  but  was  afterwards  restored,  and,  in  the 
main,  administered  wdth  impartiality;  that  several  attempts 
were  made  to  introduce  an  establishment,  but  they  all 
failed  until  1692 ;  that  in  that  year  there  was  introduced  by 
act  of  Assembly  "  a  church  establishment  sustained  by  law 
and  fed  by  general  taxation."  To  trace  the  development  of 
that  establishment  must  be  a  separate  undertaking. 

»  McMahon'sMcvyland,  I.,  243. 


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COLLEQB 


SOCIAL   ECONOMIST   BUILDING. 


OK 


Social  Economics 

34    UNION    SQUARE, 

NE>?V    YORK. 


GEORGE  GUNTON,  President. 

XHE;  COlfltHQT^  was  organized  primarily 
to  teach  a  system  of  Social  Elconomicd 
suited  to  American  Citizenship. 

The  Academic  Course  includes,  besides 
Economics,  History,  English  I^anguage  aii 
I,iterature,  Modern  Languages,  some  of  the 
higher  Mathematics,  Physics,  Chemistry, 
Parliamentary  I,aw,  etc.  There  is  also  a 
a  Commercial  Course  occupying  one  year. 
The  IvECture  Courses  by  President 
Gunton  embrace  Popular  Discussions  of 
Economics. 

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J.  O.  WOODS,  Business  Manager. 


NOTES  SUPPLEMENTARY  TO  THE  STUDIES. 

The  publication  of  a  series  of  Notes  was  begun  in  January,  1889.  The 
following  have  thus  far  been  issued  : 

MUNICIPAI.  GOVERNMEiVT  IN  ENGLAND.  By  Dr.  Albebt  ShAW,  of  Minne- 
apolis, Reader  ou  Municipal  Government,  J.  H.  U. 

SOCIAL  work:  in  AUSTRALIA  AND  LONDON.  By  WILLIAM  Geey,  of  the 
Denison  Club,  Lonclou. 

KNCOUKAGEMENT  OF  HIGHER  EDUCATION.  By  Professor  Herbeet  B. 
ADAMS. 

THE  PROBLEM  OF  CITY  GOVERNMENT.  By  Hon.  Seth  LOW,  President  of 
Columbia  College. 

THE  LIBRARIES  OF  BALTIMORE.  By  Mr.  P.  R.  Uhler,  of  the  Peabody  In- 
stitute. 

WORK  AMONG  THE  "WORKINGW^OMEN  IN  BALTIMORE.  By  Professor 
H.  B.  ADAMS. 

CHARITIES:  THE  RELATION  OF  THE  STATE,  THE  CITY,  AND  THE 
INDIVIDUAL  TO  MODERN  PHILANTHROPIC  Vl^ORK.  By  A.  G.  WARNER, 
Ph.  D.,  sometime  General  Secretary  of  the  Charity  Organization  Society  of  Baltimore,  now 
Associate  Professor  in  the  University  of  Nebraska. 

LAW  AND  HISTORY.  By  Walter  B.  Sgaife,  LL.  B.,  Ph.  D.  (Vienna),  Reader  on 
Historical  Geography  in  the  Johns  Hopkins  University. 

THE  NEEDS  OF  SELF-SUPPORTING  WOMEN.  By  Miss  CLARE  DE  GRAF- 
FENREID,  Of  the  Department  of  Labor,  Washington,  D.  C. 

THE  ENOCH  PRATT  FREE  LIBRARY.     By  LEWIS  H.  Steiner,  Litt.  D. 

EAKLY  PKESBYTEKIANISM  IN  MARYLAND.     By  Rev.  J.  W.  MclLVAIN. 

THE  EDUCATIONAL  ASPECT  OF  THE  U.  S.  NATIONAL  MUSEUM.  By 
Professor  O.  T.  MASON. 

UNIVERSITY  EXTENSION  AND  THE  UNIVERSITY  OF  THE  FUTURE. 
By  Richard  G.  moulton. 

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SERIES  IX.— EDUCATION,    POLITICS    AND    SOCIAL    SCIENCE.      640    pp. 
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THE  REPUBLIC  OF   NEW  HAVEN. 

A  HISTORY  OF  MUNICIPAL  EVOLUTION. 
By  CHARLES  H.  LEVERMORB,  Ph.  D. 
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A  HISTORY  OF  MUNICIPAL  DEVELOPMENT. 

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{Extra  Volume  Two  of  Studies  in  Historical  and  Political  Science.) 
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By  GEORGE  WILLIAM  BROWN, 

Chief  Judge  of  the  Sxipreme  Bench  of  Baltimore,  and  Mayor  of  the  City  in  1861. 
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local  Constitutional  Historj  of  tie  United  States. 

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Professor  of  History  in  the  University  of  Nebraska. 
{Extra  Volumes  Four  and  Five  of  Studies  in  Historical  and  Political  Science.) 
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THE  NEGRO  IN  MARYLAND 

A  STUDY  OF  THE  INSTITUTION  OF  SLAVERY. 
By  JEFFREY  R.  BRACKETT,  Ph.  D. 
{Extra  Volume  Six  of  Studies  in  Historical  and  Political  Science.) 
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The  Supreme  Court  of  the  United  States, 

Its  History  and  Influence  in  our  Constitutional  System. 

By  W.  W.  Willoughby,  Ph.  D. 
Extra  Vol.  VII  of  the  Studies  in  History  and  Politics. 

124  pages.    8vo.    Clotli.    Price,  $1.35. 


The  Intercourse  between  tlie  U.S.  and  Japan. 

By  Inazo  (Ota)  Nitobe,  Ph.D., 

Associate  Profei^or,  Sapporo,  Japan. 

Extra  Vol.  VIII  of  the  Studies  in  History  and  Politics. 

198  page:j.    8vo.    Cloth.    Price,  $1.35. 


State  and  Federal  Goverpent  in  Switzerland. 

By  John  Martin  Vincent,  Ph.  D., 

Librartan  and  Instructor  ia  the  Department  of  History  and  Polittca,  Johns  Hopkins  University. 

Extra  Vol.  IX  of  the  Studies  in  History  and  Politics. 

235  pages.    8vo.     Clotli.     Price,  $1.50. 

In  view  of  the  fact  that  the  six-hundredth  anniversary  of  the  foundation  of  Federal 
Government  in  Switzerland  is  celebrated  in  1891,  this  may  be  considered  a  timely 
book.  The  history  and  constitutional  experiments  of  Switzerland  have,  however, 
a  perennial  intei'est  for  Americans,  for  in  no  other  country  do  governmental  institu- 
tions approach  more  closely,  in  form  and  principle,  those  found  in  the  United  States. 
The  present  work  is  essentially  a  study  of  modern  institutions,  but  always  with 
reference  to  their  source  and  development. 


Spanish  Institutions  of  the  Southwest. 

By  FRANK  W.  BLACKMAR,  Ph.  D. 
Professor  of  History  and  Sociology  in  the  Kansas  State  University. 

Extra  Vol.  X  of  the  Studies  in  History  and  Politics. 

380  pages.    8vo.    Cloth.    Price,  83.00. 

With  Thirty-one   Historical    Illustrations  of  old   Spanish    Missions,   etc.,  and   a  map 
showing  the  extent  of  Spanish  Possessions  in  North  America  in  1783. 

This  work  is  a  study  of  the  Social  and  Political  Institutions  of  Spain,  as  represented 
by  the  life  of  the  Spanish  colonists  in  America.  A  sufficient  amount  of  descriptive 
history  is  given  to  relieve  the  subject  from  the  monotony  of  abstract  discussion  and 
to  subtantiate  all  conclusions  reached  by  the  writer.  The  book  treats  of  the  founding 
of  the  Spanish  missions  in  California,  Arizona,  New  Mexico,  and  Texas,  and  portrays 
the  civilization  established  by  the  padres,  the  social  condition  of  the  Indians,  and 
the  political  and  social  life  of  the  pioneers  of  the  Southwest.  It  represents  the 
government,  laws,  municipal  organization,  and  life  of  the  colonists.  The  movement 
of  the  civil,  religious,  and  military  powers  in  the  "temporal  and  spiritual  conquest," 
and  the  consequent  founding  of  civic  pueblos,  missions  and  military  towns  are  fully 
discussed. 

There  are  thirty-one  illustrations,  chiefly  historical.  They  reveal  some  of  the 
most  picturesque  ruins  of  America. 

Orders  should  be  addressed  to  The  Johns  Hopkins  Press,  Baltimore,  Maryland. 


NEW  EXTRA  VOLUMES  IN  PRESS. 


An  Introduction  to  the  Study  of  the  Constitution. 

A  STUDY  SHOWING  THE  PLAY  OF  PHYSICAL  AND  SOCIAL  FACTORS 
IN  THE  CREATION  OF  INSTITUTIONAL  LAW. 

By  MORRIS  M.  COHN, 

Attorney-at-Law. 

250  pages.     8vo.     Cloth.     Price,  $1.50. 

The  theory  underlying  this  work  is  that  Constitutions,  whether  written 
or  unwritten,  represent  tlie  institutional  growth  of  social  communities ; 
especially  that  institutional  growth  which  is  revealed  in  the  govern- 
mental structure  and  maxims,  and  the  jurisprudence,  of  the  given  com- 
munity. 

The  aim  of  the  author  has  been  to  show  with  somewhat  less  detail  than 
has  been  adopted  in  more  voluminous  productions,  yet  with  sufficient 
breadth  of  outline,  the  general  prevalence  of  constitutional  institutions 
among  peoples  who  have  made  any  advance  at  all  in  political  organization. 

The  illustrations  of  the  subject  have  been  taken  principally  from  the 
fields  of  politics  and  jurisprudence,  though  when  required,  or  when  it 
seemed  to  the  author  appropriate,  other  sources  were  utilized. 


THE  OLD  ENGLISH  MANOR, 

By  C.  M.  ANDREWS,  Ph.  D., 

Associate  in  History,  Bryn  Mawr  College. 

380  pages,    8vo.    Cloth.    Price,  $1.50. 


AMEEIOA: 

Its  Geographical   History,  1492  to  the  Present. 

By  WALTER  B.  SCAIFE,  Ph.  D. 

The  work  will  be  illustrated  by  phototypes  made  from  photographs  of 
the  famous  Weimar  and  other  maps,  taken  specially  for  the  author. 

Orders  should  be  addressed  to  The  Johns  Hopkins  Press,  Baltimore, 
Maryland. 


■  UNIVERSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 


Return  to  desk  from  which  borrowed. 
This  book  is  DUE  on  the  last  date  stamped  below. 


WECEIVCD 

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LOAN  DEPT. 


JAN  28  194R 


DEC  2  7  1257^ 
REC'D  LD 

DEC  2    1957 

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REC'D  Lb 

NOV  2  6  m. 


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LD  21-100m-9,'47(A5702sl6)476 


